NFL and teams seek Supreme Court ruling in Brian Flores discrimination case

By 
 January 8, 2026

The NFL is dragging a messy discrimination fight straight to the Supreme Court, hoping to dodge a jury trial that could expose some uncomfortable truths.

The league, alongside the Denver Broncos, Houston Texans, and New York Giants, has petitioned the highest court to overturn a lower ruling allowing coach Brian Flores’s lawsuit, which alleges systemic racial bias in hiring practices, to move forward before a jury instead of behind closed arbitration doors.

If the NFL loses, expect a flood of lawsuits challenging their internal processes, and guess who might foot the bill for those legal battles? That’s right, the same folks already shelling out for overpriced hot dogs at games.

NFL’s Arbitration Push Under Fire

Let’s rewind to the start: Brian Flores, a seasoned coach since 2008, interviewed for head coach gigs with the Broncos in 2019 before landing with the Miami Dolphins, only to be fired in 2022. Post-Dolphins, he tried for top spots with the Texans and Giants, but neither hired him. With the Giants, Flores claims they had already picked Brian Daboll, a white coach, before even giving him a fair shake—talk about a playbook for frustration.

Flores’s lawsuit, filed nearly four years ago, doesn’t just target these teams—it accuses the NFL of deep-rooted racial discrimination, calling out interviews as mere “sham” exercises to check boxes under the Rooney Rule, which mandates minority candidate interviews for head coach openings. It’s a policy meant to level the field, but if Flores is right, it’s just window dressing for a biased game plan.

Now, the NFL wants this kept in-house via arbitration, per their constitution and Flores’s employment agreements, but a lower court slammed Commissioner Roger Goodell’s role as arbitrator as blatantly unfair due to his lack of independence. The U.S. Court of Appeals for the 2nd Circuit didn’t mince words either, stating, “Ultimately, the NFL’s arbitration provision is fundamentally unlike any traditional arbitration provision.” That’s a polite way of saying it’s a rigged referee, and conservatives who value fair play should be raising an eyebrow at such a stacked deck.

Supreme Court to Decide Fate

The NFL’s petition, docketed recently on a Tuesday, begs the Supreme Court to reverse the lower court’s decision and shove this back to arbitration, away from public scrutiny. Their argument? It’s in the rulebook, so Flores should play by it, no matter how lopsided the field looks.

But let’s unpack their own words from the petition: “By creating a novel federal unconscionability doctrine that gives judges free-floating discretion to deem arbitration agreements unenforceable based solely on their subjective determinations that certain arbitral procedures are unfair, the court of appeals’ decision undermines the very predictability and uniformity that the Arbitration Act was designed to protect.” Translation—they’re worried judges might actually hold them accountable, and for those of us tired of unaccountable elites, that’s not a bad thing.

Flores, now defensive coordinator for the Minnesota Vikings without a contract for next season, isn’t backing down, and his legal team will soon respond in writing before the Supreme Court decides whether to take this hot potato at a closed-door meeting. The court usually tosses most petitions, but the NFL insists this issue is too big to ignore. And honestly, when a league this powerful cries for help, you’ve got to wonder what they’re so afraid of airing out.

Flores’s Fight for Fairness Continues

Back to the timeline: after the Giants snubbed Flores for Daboll—who, by the way, got the boot midway through 2025 for a lousy record—Flores’s claims gained extra weight. If interviews are just for show, what’s the point of rules like Rooney? It’s the kind of bureaucratic nonsense that makes regular fans roll their eyes at league hypocrisy.

This lawsuit isn’t just Flores’s battle; two other coaches joined in, and while their claims against other teams aren’t part of this specific appeal, it hints at a broader problem. For conservatives who champion merit over mandates, the idea of sham interviews to appease a progressive checklist is a slap in the face to true competition.

The NFL’s legal muscle, including Kannon Shanmugam and Loretta Lynch from Paul, Weiss, shows they’re not messing around in pushing for arbitration. But isn’t it ironic that a league built on tough, open-field clashes wants to hide behind closed doors when the whistle blows on discrimination?

What’s at Stake for Fans

For everyday Americans, especially parents who dream of their kids making it big in sports, this case cuts deep—if the system’s rigged against qualified coaches based on race, what hope is there for fairness at any level? Legal exposure for the NFL could mean years of costly battles, and that’s money not going to youth programs or community outreach.

The Supreme Court’s decision on whether to hear this will be a game-changer, either reinforcing arbitration as a shield for big institutions or cracking open a door for accountability. While some might cheer the NFL’s push to keep things private, those of us skeptical of unchecked power can’t help but root for a jury to get a shot at the truth.

So, as this legal Super Bowl looms, one thing’s clear: Brian Flores isn’t just fighting for himself—he’s challenging a system that might need a serious timeout. Let’s hope the highest court doesn’t fumble on deciding whether to take up this critical clash. After all, in a nation built on fair play, even the NFL shouldn’t get to rewrite the rules when the score doesn’t go their way.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson