At the college level, quarterback Brendan Sorsby had no protection from a union. As he heads to the NFL, he also has no union protection.
Per the NFL Players Association, Sorsby won’t become a member of the union until he’s drafted or signs an NFL contract.
If the NFL decides not to accept Sorsby into the supplemental draft, the NFLPA will have no standing to challenge the move. If, alternatively, he’s suspended after he is drafted, the NFLPA can mobilize with a formal grievance.
Fifteen years ago, the NFL suspended quarterback Terrelle Pryor after the Raiders made him a third-round pick in the 2011 supplemental draft. The NFLPA filed a grievance, and the ruling was upheld.
Not being in the union doesn’t mean Sorsby is without rights. If the league denies Sorsby a spot in the supplemental draft, lawyer Jeffrey Kessler likely would file a lawsuit aimed at forcing the league to include him. It would be similar to the lawsuit Kessler filed on Sorsby’s behalf in Texas, with a request for a temporary/preliminary injunction forcing the league to include him.
If that happens Kessler would select a jurisdiction that he believes would make a favorable outcome for Sorsby more likely, and Kessler would file a lawsuit.
Of course, the league could do the same thing, seeking a declaration that Sorsby is not eligible in a court the NFL believes will be favorable to its interests. And, yes, victory for either side could hinge on where the case is filed.
Either way, the next big question is whether the NFL will, or won’t, grant Sorsby admission into the supplemental draft. The only plausible argument against admission is that he knew or should have known he had lost his NCAA eligibility due to his gambling activities, and that he should have applied for the 2026 regular draft.
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