Judge Doty found that under law, there were limitations on Goodell's power, notwithstanding the card the NFL will try to play. That opinion has been appealed. Also, it's not binding as precedent on Judge Berman.
All that said -- while I am not a lawyer, and in all my years of business I've rarely been in a labor law situation, I lean strongly to Kessler's and Doty's views. There are minimum standards of fairness in labor law, period, perhaps unless they're waived a lot more explicitly than I think they were in the CBA, or unless they are inapplicable for some other reason.