A group of 21 physics and engineering professors on Tuesday urged a US federal appeals court to reconsider its 2-1 decision to reinstate the New England Patriots quarterback’s four-game National Football League suspension in the “Deflategate” case.
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If the Second Circuit does take up Brady’s appeal it would not be Olson’s first round with the National Football League; he represented the players association during the 2011 lockout.
“That’s always an option to litigants”, said Ted Olson, the former U.S. Solicitor General who has joined Brady’s legal team.
The April ruling by the three-judge panel reversed last year’s decision by U.S. District Judge Richard M. Berman that overturned the suspension of the Patriots’ four-time Super Bowl-winning quarterback.
On Monday, which was the deadline for an appeal, the union and Brady asked for an “en banc” review, in which the court’s entire roster of 13 active judges would rehear the case.
Should the court accept the petition, there would be a stay of Brady’s four-game suspension until the new ruling, and he would be eligible to play at the beginning of the season.
The full appeals court in Manhattan has heard only a handful of cases since the turn of the century, and it is unclear how soon the 2nd Circuit might respond to the request for a rehearing. So if there is a decision between now and September 11 to grant the rehearing – and it would likely take months for a rehearing to then take place – Brady is going to play against the Cardinals.
In their appeal filing, Brady’s attorneys called Goodell’s appeal ruling “biased, agenda-driven, and self-approving”. The panel could also be requested to rehear the case by a judge that did not sit in on the case.
Brady and the NFL Players Association asked the appeals court on Monday to reconsider its April 25 decision that NFL Commissioner Roger Goodell had authority under the league’s collective bargaining agreement with its players to suspend Brady. Brady was found to be “at least generally aware” of the scheme.
The decision by the New England Patriots quarterback was confirmed Monday by the NFL Players Association.
“Realistically his best chance of getting into those first four games might be to reach some sort of agreement with Commissioner Goodell”, Yen said.
The Patriots might be without Brady in their games against the Arizona Cardinals, Miami Dolphins, Houston Texans and Buffalo Bills.
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If the rehearing petition is denied the four-game suspension would remain in place for the start of the regular season.
