Elliott attorney Jeffrey Kessler told the judge near the end of a more than two-hour hearing in federal court Tuesday night that Elliott’s suspension was sustained by arbitrator Harold Henderson.

At the start of the hearing, NFL attorney Daniel Nash said Elliott could play Sunday night against the New York Giants because Henderson’s ruling came too late in the day for it to be enforced this weekend.

Elliott’s attorneys said they were “extremely disappointed with Mr. Henderson’s inability to navigate through league politics, and follow the evidence.” U.S. District Judge Amos Mazzant said he would rule on Elliott’s request for a temporary restraining order by Friday.