Tom Brady, the New England Patriots quarterback at the center of the Deflategate scandal who was suspended for four games, has decided to appeal his punishment to the full 2nd U.S. Circuit Court of Appeals. The original deadline to file an appeal was May 9, but Brady and his attorneys received a two-week extension.
A three-judge panel on the court upheld Brady’s suspension on April 25 in a 2-1 vote. The judges believed that NFL commissioner Roger Goodell had disciplined Brady fairly and in accordance with the collective bargaining agreement.
Brady will file his appeal en banc, which means that he will ask the entire 13-judge panel to rehear his case. Before that can happen, seven of the judges will need to agree to an en banc session. If they decide against Brady’s request, he could appeal to the U.S. Supreme Court.
Theodore B. Olson, an attorney with the NFL Players Association, expects the appellate court to issue a ruling quickly. Brady’s attorneys could ask for a stay if the case is still going on near the start of the season. That would stop action in the case and allow Brady to play.
Olson was added to Brady’s legal team after the appeals court upheld his suspension. Olson has argued cases before the Supreme Court 62 times, including the two Bush v. Gore cases after the 2000 presidential election. He has won over 75 percent of the cases he has argued. Olson also represented the Players Association in the 2011 labor negotiations.
Brady’s legal team is making two arguments in the case. The first is that Goodell investigated the allegations against Brady, imposed the suspension as discipline, appointed himself as an arbitrator or appellate judge, and then made a different decision in the appellate process instead of making a decision based on what had happened before. The attorneys also argue that Goodell ignored provisions in the collective bargaining agreement about the appropriate discipline for equipment violations.
DeMaurice Smith, executive director of the Players Association, said in an interview on SportsCenter that Brady is fighting what the Association considers an unfair ruling. He said the league and the commissioner were acting like “bullies.”
If the suspension stands, Brady will be forced to sit out the first four games of the season against the Arizona Cardinals, Miami Dolphins, Houston Texans, and Buffalo Bills. He would return to play in Week 5 against the Cleveland Browns.
During the offseason, Brady signed a two-year contract extension that lowered his salary for 2016 from $9 million to $1 million. If his four-game suspension is upheld, the reduced salary means he will save nearly $2 million in lost salary.
Whether Brady’s suspension is upheld or not, the Patriots will still play this fall. If you would like to see New England or another team compete live and in person, you can reserve your tickets now from CapitalCityTickets.com.