The Second Circuit has decided not to hear the appeal of New England Patriots quarterback Tom Brady and the NFL Players Association. Brady’s 4-game suspension to start the 2016 season is now a reality and back-up quarterback Jimmy Garoppolo is going to have to step up and carry the team.
Brady and his lawyers are not going to fade away quietly:
Though there is no firm decision, the expectation is that #Patriots QB Tom Brady will attempt to take his case to the US Supreme Court.— Ian Rapoport (@RapSheet) July 13, 2016
While Brady and company have not made a final decision, every move up to this point has been focused on taking this to the Supreme Court. The NFLPA didn’t hire a powerhouse lawyer like Ted Olson for a Second Circuit appeal.
Brady can ask the Second Circuit or Supreme Court for a “stay” which means that his punishment would be placed on hold until the hearing was finalized, or Brady can file an appeal with the Supreme Court. It is incredibly unlikely that Brady will have an appeal heard before the Supreme Court and there is very little chance that either the Second Circuit or Supreme Court would respond prior to the start of the upcoming season.
Brady will miss the first four games of 2016.
Of course, this shouldn’t stop Brady from filing an appeal (and read Alec’s thoughts here because Alec is always right). He should fight until the end.
Brady has always asserted his innocence because he did nothing wrong. There’s no proof that he or the Patriots or the ballboys did anything to the footballs that night and that has been the story since day one.
DeflateGate will always be about the institutional incompetence of the NFL, the pettiness of owners, and the inability of commissioner Roger Goodell to show any semblance of leadership over the past few seasons.
We’re on to 2016.
God, I pity the Browns in week 5.