The U.S. Court of Appeals for the Second Circuit in a 2-1 decision "ruled adamantly" in the NFL's favor by reinstating Patriots QB Tom Brady’s four-game suspension for his role in Deflategate, reaffirming NFL Commissioner Roger Goodell's "strength and his bargained-for authority to discipline," according to a front-page piece by Ben Volin of the BOSTON GLOBE. The ruling "will make it difficult for Brady to avoid a suspension this fall, as the judges ordered the lower court to confirm the suspension instead of rehearing the case." It "probably wasn’t much of a surprise for Brady," as he renegotiated his contract last month in part to "soften the impact of a suspension." With his new contract, Brady "will save himself" almost $2M for a suspension. Brady also "could try to strike a deal with the NFL to reduce the suspension, but the league is unlikely to waver after spending millions of dollars and almost a year and a half on its investigation and legal battle" (BOSTON GLOBE, 4/26). Massachusetts Bar Association Chief Legal Counsel Martin Healy said, "The door’s not completely shut. But the opening is narrowing significantly." Healy added that Brady’s attorneys "still have options to keep fighting the case, but it’s highly unlikely they will ultimately succeed" (BOSTON GLOBE, 4/26). Houston-based law firm Wright & Close partner Raffi Melkonian said that Brady’s "most likely recourse is to ask the court for a stay of the suspension while his legal team pursues an en banc session from the 2nd Circuit." USA TODAY's Lindsay Jones notes this means Brady "would request that 13 active judges in that circuit all review" yesterday’s ruling. Melkonian: “He would need to get a majority of those judges to agree they want to hear this case. That is incredibly rare in every circuit, especially in the 2nd circuit, which is notorious for not taking cases en banc. That, I would say, has a less than 1% chance of it happening.” Jones cites sources as saying that the NFLPA "is likely to move forward with some sort of appeal." However, union lawyers "were still mulling their options" as of late yesterday afternoon (USATODAY.com, 4/26).
WHERE TO GO FROM HERE? ESPN BOSTON's Mike Reiss notes Brady now "has his own decision to make, as he finds himself in the challenging spot of balancing legacy/reputation and what is best for the team he takes great pride in leading" (ESPNBOSTON.com, 4/26). In Boston, Jim McBride notes Brady and his teammates, who have been "very active on social media this offseason, were quiet" yesterday (BOSTON GLOBE, 4/26). PRO FOOTBALL TALK's Mike Florio wrote the NFLPA "definitely should proceed with a request for a rehearing before the full court." It "simply makes sense to push the case farther." So far, four judges "have considered it." Two "decided that Brady should win, and two decided that the NFL should win." The situation "cries out for a tiebreaker." The "only way for that to happen is for Brady and the NFLPA to seek a rehearing before the full Second Circuit" (PROFOOTBALLTALK.com, 4/25).
WINNING THE POWER STRUGGLE: In Boston, Ron Borges writes this latest ruling "was about power." Borges: "Raw, unadulterated, fully labor-negotiated power." What this case "has long been about is owners’ rights vs. workers’ rights." Yesterday’s decision reminded players of the "choices they’ve made, taking short-term gains without seeing the big picture, as owners do" (BOSTON HERALD, 4/26). A BOSTON HERALD editorial states yesterday's ruling essentially reaffirms that Goodell "is God" within the league. It is "hard to argue there's anything fair about a process that anoints Goodell as judge, jury, arbitrator and executioner" (BOSTON HERALD, 4/26). ESPN.com's Lester Munson wrote this is a "total vindication for the NFL, for Goodell and for Goodell's top lawyer, Jeff Pash." U.S. District Judge Richard Berman's ruling against the league in September "was inexplicable, and the league and the lawyers knew it" (ESPN.com, 4/25). ESPN's Bill Polian said, "This sends a very strong message to the union in terms of what can and cannot be questioned” (“NFL Insiders,” ESPN, 4/25). CSNNE.com's Tom Curran wrote Brady's rights and fairness "didn't matter." What mattered was the "power handed to" Goodell five years ago in the CBA. He "had the right to uphold the punishment he handed down," and the players "gave it to him." When the players "agreed to let Goodell continue in his role as judge, jury and executioner, they never could have foreseen this eventuality" (CSNNE.com, 4/25).
GOOD-ELL TIMES: In N.Y., Ken Belson writes Goodell, the "most powerful man in professional football, prevailed again" (N.Y. TIMES, 4/26). ESPN's Adam Schefter said, "The leverage in this particular equation has shifted, and the balance of power has gone back to the NFL" ("NFL Live," ESPN, 4/25). In N.Y., William Rhoden writes yesterday's decision "was loud and clear: Goodell has the hammer again and is willing to drop it." After two years of missteps, Goodell "is on a roll." Earlier this month, a court of appeals "upheld a Federal District Court judge’s decision approving the NFL concussion settlement agreement" (N.Y. TIMES, 4/26). THE MMQB's Andrew Brandt wrote this has been a "good month for Goodell’s cherished CBA powers over player conduct." A couple of weeks ago an arbitrator "upheld the content and enforcement options of the NFL’s conduct policy, one reshaped following the missteps" of the Ray Rice case (MMQB.SI.com, 4/25). ESPN's Tony Kornheiser said, "It's a very big victory for Roger Goodell. But it’s more of a victory for the office of commissioner, because this was a negotiated thing with the NFLPA” ("PTI," ESPN, 4/25). In New Jersey, Tara Sullivan writes the rest of the rest of the NFL players "lose here, too," because the leadership of their NFLPA "failed them, setting up this untenable situation by agreeing that Goodell be allowed this much latitude to mete out justice" (Bergen RECORD, 4/26). YAHOO SPORTS' Dan Wetzel wrote the league's biggest star "is on the shelf for four games because Goodell said so." That is a "heck of a lot of power a federal court just reaffirmed to the commissioner," as well as a "heck of a lot of power the union foolishly gave him in the first place" (SPORTS.YAHOO.com, 4/25). In DC, Adam Kilgore in a front-page piece notes the ruling also "may have heightened the importance of looming negotiations between MLB and the NBA and the sports’ respective players unions over expiring CBAs" (WASHINGTON POST, 4/26).
FINDING A MIDDLE GROUND: USA TODAY's Nancy Armour wrote, "Read beyond the headline, and it’s clear the three-judge panel from the Second Circuit found plenty of fault with the NFL in these endless hostilities." Both sides "would be best served to learn from this latest mess and collaborate on a disciplinary system that actually works" (USATODAY.com, 4/25). In Newark, Steve Politi writes this was "hardly a resounding victory for the league, not with a dissenting judge said he was 'troubled' by the decision and that he believed Goodell exceeded his authority with the four-game suspension." Brady "should accept the decision" and "sit out the first four games" (Newark STAR-LEDGER, 4/26). SI.com's Michael McCann wrote under the header, "Tom Brady Faces Longs Odds After NFL Wins Deflategate Appeal." McCann: "I have a hard time seeing Brady agreeing to any settlement" (SI.com, 4/25).
END OF THE ROAD? In N.Y., Gary Myers writes there "appears to be no chance of the suspension disappearing completely." If anything, perhaps Goodell "will offer Brady a reduced suspension if he doesn’t appeal again, so this will finally go away and save everybody lots of legal fees" (N.Y. DAILY NEWS, 4/26). In West Palm Beach, Dave George writes Goodell "could accept that vindication for what it is worth, which is pretty much everything, and then make a surprisingly magnanimous gesture." George: "Announce that the league has elected not to enforce the punishment." The "public-relations drag of this thing makes Goodell look silly." Goodell "would have something on his side when the next CBA talks begin, a way to show players that he can be reasonable and need not be stripped of all the decision-making powers" (PALM BEACH POST, 4/26). PRO FOOTBALL TALK's Florio wrote the NFL now "holds nearly all the cards." If the league "wasn’t inclined to bend last year, it won’t be doing so now -- unless, of course, enough owners make it clear to the Commissioner that the time has come to push this cloud away from the sport" (PROFOOTBALLTALK.com, 4/25).
CEASE FIRE: SI.com's Charles Pierce wrote the "worst thing that could happen now would be for everyone to continue to dig in." Brady and the Patriots "should step back and not push this thing any further through the judicial system." Goodell "should take the narrow ground on which he won the appeal, declare victory and quietly reduce the suspension to one game or two" (SI.com, 4/25). In Hartford, Jeff Jacobs writes Goodell should "go to Brady, wisely dictate the terms of the peace and reduce his punishment at least in half or even eliminate it all together" (HARTFORD COURANT, 4/26). In DC, Sally Jenkins writes as Deflategate wore on, the lawyers representing Brady "forgot to argue their client’s innocence." Instead attorney Jeffrey Kessler and the NFLPA "got so lost in pushing their interpretation" of the CBA and "trying to trim the powers" of Goodell. Regardless of whether Brady appeals, he and every other NFL player "should now be on notice that their personal interests don’t necessarily overlap with the NFLPA and its lawyers." Jenkins: "Goodell was guilty of misconduct: This was the point to be hammered. Yet Kessler seemed reluctant to reargue any points of the case against Brady" (WASHINGTON POST, 4/26).
MAN IN THE MIRROR: In Boston, Dan Shaughnessy writes under the header, "Patriots Brought This Overpunishment On Themselves" (BOSTON GLOBE, 4/26). In Providence, Bill Reynolds writes the ruling "has the potential to go to the heart of the Patriots' legacy, the one thing that will endure" after Brady, coach Bill Belichick and team Owner Robert Kraft "are long gone." That is "what is at risk here in this court of public opinion" (PROVIDENCE JOURNAL, 4/26). The WALL STREET JOURNAL's Jason Gay writes, "The NFL ... realized long ago what any good showbiz enterprise knows: Contentiousness isn't a bad thing, because contentiousness isn't boring." No matter "how ridiculous Deflategate is, here we are, talking about football in April, when all we should be talking about is" Warriors G Stephen Curry’s injured knee (WALL STREET JOURNAL, 4/26).
