A federal appeals court this morning denied Patriots QB Tom Brady’s effort for a rehearing of his Deflategate suspension, meaning he is all but certain to sit out the first four games of the upcoming season. Brady and his attorneys through the NFLPA could still appeal to the U.S. Supreme Court, though with the start of the season less than two months away it seem unlikely the Court would rule by then. The NFL initially suspended Brady last summer for allegedly tampering with the air pressure in balls before the '15 AFC Championship game. Brady, who has always denied it, sued the NFL and a lower court judge overturned the suspension. A three-judge panel of the 2nd Circuit Court of Appeals earlier this year reinstated the suspension, ruling that the NFL under labor law had the right to enforce the arbitration decision. Brady then appealed for a full hearing before the entire 2nd Circuit, or for a new panel hearing. In a short ruling today, the 2nd Circuit turned down both requests. If Brady does sit out the the four games, his first game back will be Oct. 9 against the Browns. An NFL spokesperson did not immediately respond for comment (Daniel Kaplan, Staff Writer). In Boston, Ben Volin notes the "odds of obtaining an en banc appeal hearing were stacked against Brady." The 2nd Circuit has "long been known for not disturbing the decisions of its three-judge panels; only eight of more than 27,000 decisions were granted an en banc appeal from 2000-10" (BOSTONGLOBE.com, 7/13).
GETTING MORE ENTRENCHED: ESPN's Adam Schefter said the ruling reaffirms NFL Commissioner Roger Goodell's powers regarding player discipline, which has been the league's "point throughout this entire process.” Schefter noted the NFL and NFLPA “are not expected to get along during the next round of CBA talks." He said, "The tension between the two sides has been palpable. It’s not any better today and it’s going to be a long time before it figures to get any better.” But ESPN’s Dan Graziano said the power of the commissioner might not “automatically become an issue in the next CBA." He said, "While there are players who think this is crazy that Roger Goodell can do whatever he wants, the thinking among the players is that this only effects a small group of players that end up getting in trouble." Other issues impact the "entire body of players, and that’s something that they are more interested in.” ESPN's Field Yates said, “I wonder if this will sort of help swell the momentum from both sides to say, ‘Maybe it would be in the best interest of not just the players, but also the owners and the league, if Roger Goodell does not have to serve in this capacity.' A little more neutral arbitration might be best for all involved so that the NFL world can evade this messy PR situation that we’ve had” (“SportsCenter,” ESPN, 7/13).
