Banned Olympic 100 metres champion Justin Gatlin's dream of defending his gold medal ended yesterday when a court rejected his appeal to run in this weekend's US trials for the Beijing Games.
The 26-year-old's legal team had filed appeal motions to the 11th Circuit US Court of Appeals in Atlanta and the federal district court in Pensacola asking for an emergency injunction.
The Atlanta court ruled that Gatlin had not "met the applicable standard for such an injunction."
Gatlin was suspended for four years after a 2006 positive test for the male sex hormone testosterone.
"It is finished, it is over, the USOC won the battle," Gatlin's attorney Joseph Zarzaur told Reuters. "The judge ruled that the only folks who can make the decision are the US Olympic Committee (USOC)."
"The only avenue remaining is the Supreme Court and my client has decided not to take that route," he added.
The 2006 violation was ruled Gatlin's second doping offence because the sprinter had also tested positive in 2001 for amphetamines that were part of a medication to treat Attention Deficit Disorder.
Tuesday, Judge Lacey Collier dissolved a 10-day restraining order which would have allowed Gatlin to take part in the US Olympic trials. He also denied Gatlin's request for a preliminary injunction.
Collier had ruled that determining American participation in the Olympic Games was the "exclusive jurisdiction" of the USOC, not the courts.
He said Gatlin had been wronged in the process that resulted in his suspension, adding however that the court had no power to right the wrong.
Zarzaur said that Gatlin still had a lawsuit in front of Judge Collier which related to the Americans with Disabilities Act and that the athlete would continue to fight on that front.
Tyson Gay, the 100 and 200 metres world champion, said he was relieved with the decision.
"I think it is good for the sport in general, not just for America and not just for our trials," he told reporters awaiting the start of the US trials in Eugene, Oregon yesterday.
"It shows that USA track and field and everyone is standing up and sticking to their guns."