When the Court of Appeals for the Second Circuit announced last Monday that the NFL acted within its collectively bargained rights to suspend New England Patriots quarterback Tom Brady, Brady's options to not miss the first four games of the 2016 season were limited.
He could have reached a settlement with the league – an idea quickly shut down by the NFL – or request for a rehearing of the case (unlikely to succeed, as the same three judges would hear the case). Brady and his team could also request a rehearing en banc in front of the entire Second Circuit Court.
It seems that option number three is the one Brady and the NFLPA are going for. After all, Brady's legal team added one of the most prominent lawyers in the country, former U.S. Solicitor General Theodore Olson. The 75-year old quickly went to work after the appeal-ruling, requesting a 14-day extension to file a motion for a case rehearing.
While the NFL filed a request to deny the motion, the court has decided to grant Brady and the Players Association the 14-day extension, according to CBS Boston. Brady's lawyers now have until May 23 to file the motion.
Despite this minor victory, Brady still faces an uphill-battle to beat the NFL in court or to even have the chance to have his case reheard, as only around 1% of cases are granted an en banc hearing. But while the odds are stacked against Brady, not all is lost.
After all, the decision in favor of the NFL was non-unanimous and the one vote in favor of Brady's case was given by the court's Chief Judge Robert Katzmann. Having the extension to file for rehearing granted also shows that – and that the Deflategate farce is far from over.