Even though the appeal was denied the 2016 NFL rushing champion will play in the opener because of the timing of the decision.

Jeffrey Kessler, Elliott’s attorney, told the judge neat the end of a nearly two-and-a-half-hour hearing in federal court that the suspension was upheld by arbitrator Harold Henderson.

At the beginning of the hearing, NFL attorney Daniel Nash told the judge it was “his understanding” that Elliott could play Sunday night against the New York Giants because the league didn’t want to rush the judge. While that is the case, U.S. District Judge Amos Mazzant said he would rule on the request for a temporary retraining order on the suspension by Friday.

If the request is denied and no further legal action is taken, Elliott’s suspension would begin in Week 2 when the Cowboys are at Denver. He would be eligible to return to game action on November 5th against the Kansas City Chiefs.

While a lot is still up in the air, Jerry Jones said that the team was preparing as if Elliott would be available for them when they open the season this weekend.