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Brady to Prolong his Misery; Filing en banc Petition


Bruce Harper

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43 minutes ago, Jet Fan RI said:

I had heard that. But even if he fails at both efforts, there's a good chance he could still play the whole 2016 season and postseason. Really sucks.

delaygate

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10 hours ago, FidelioJet said:

I don't know...I heard on ESPN this morning (for whatever that's worth) that they have information that currently the court is split on whether to hear this or not. They said have info on 4 of the judges and they are currently 2-2...

I don't know the threshold for something like this though.

Don't know if anyone ever answered your question.. And I am certainly no lawyer. But in one of the reports I saw it was stated that a majority of the "active" judges on the court need  to agree to the en banc request. There are 13 active judges, so 7 would have to agree for the request to be granted.

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2 hours ago, Jet Fan RI said:

Don't know if anyone ever answered your question.. And I am certainly no lawyer. But in one of the reports I saw it was stated that a majority of the "active" judges on the court need  to agree to the en banc request. There are 13 active judges, so 7 would have to agree for the request to be granted.

Perhaps he misunderstood.  Four judges have heard the case and it is 2-2 on the way they ruled.

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2 hours ago, Jet Fan RI said:

Don't know if anyone ever answered your question.. And I am certainly no lawyer. But in one of the reports I saw it was stated that a majority of the "active" judges on the court need  to agree to the en banc request. There are 13 active judges, so 7 would have to agree for the request to be granted.

He has two problems. First he's got to convince 7 judges that he is right as a matter of law (which he isn't). Second, he's got to convince 7 judges that even if he is right this case involving an athlete being suspended for 4 games is important enough for en banc review. It's not exactly like whether Obamacare is unconstitutional or something like that. 

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Well, I for one hope he gets a stay, plays 15 games, then gets his suspension invoked, misses playoffs n Pats get knocked out first game n then the 3rd n 4th games become part of 2017. Technically, he'd be banned over a period of two league years. Fitting punishment for a fraudster like Tom fcuking Brady. Hope he never becomes a hall of famer. 

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at this point citizens of the USA should be able to deny this appeal solely on the grounds that they are wasting tax payer money with this bullsh*t. our high courts should not be tied up with this nonsense. what a gross waste of taxpayer dollars and judges salary (which we pay). the ******* request should be denied and let the crybaby serve his stupid ******* suspension. our high courts should not be tasked with deciding something so ******* stupid just so some narcissistic ****tard entitled crybaby can try to preserve his bullsh*t "legacy". i mean seriously....can we use our high courts for actual important issues. this is inconsequential crap that is not suitable to be considered for this. 

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10 hours ago, drdetroit said:

Brady is just trying to find another stupid judge.  Most civil and administrative law judges are grossly incompetent and know nothing about the law it's all about whether they like you or not

These judges are on the federal Court of Appeals for the Second Circuit -- one of the most prestigious courts in the nation.  These Judges  should be la creme de la creme of the federal judiciary (at least in theory).  One stupid judge will not be enough.  He needs seven.  If it wasn't for the fact that this case is so newsworthy he would have no chance whatsoever.  As big as it seems to Patriots' fans, whether some union member was suspended for his job for 4 games simply should not call for the attention of 13 federal judges. The case has gotten more than enough consideration from the court system.

On the other hand, Judges are human and they can be drawn to sexy, newsworthy cases.   That's why it's a good thing this case is in the Second Circuit instead of the First Circuit, where all the Patriots fans live.

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25 minutes ago, Bruce Harper said:

 

These judges are on the federal Court of Appeals for the Second Circuit -- one of the most prestigious courts in the nation.  These Judges  should be la creme de la creme of the federal judiciary (at least in theory).  One stupid judge will not be enough.  He needs seven.  If it wasn't for the fact that this case is so newsworthy he would have no chance whatsoever.  As big as it seems to Patriots' fans, whether some union member was suspended for his job for 4 games simply should not call for the attention of 13 federal judges. The case has gotten more than enough consideration from the court system.

On the other hand, Judges are human and they can be drawn to sexy, newsworthy cases.   That's why it's a good thing this case is in the Second Circuit instead of the First Circuit, where all the Patriots fans live.

Dude you have no idea.  Judges are appointed often times by political leaning and it has nothing to do with merit.  Especially on the civil administrative side there a lot of dirtbags holding very high positions 

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3 hours ago, neckdemon said:

at this point citizens of the USA should be able to deny this appeal solely on the grounds that they are wasting tax payer money with this bullsh*t. our high courts should not be tied up with this nonsense. what a gross waste of taxpayer dollars and judges salary (which we pay). the ******* request should be denied and let the crybaby serve his stupid ******* suspension. our high courts should not be tasked with deciding something so ******* stupid just so some narcissistic ****tard entitled crybaby can try to preserve his bullsh*t "legacy". i mean seriously....can we use our high courts for actual important issues. this is inconsequential crap that is not suitable to be considered for this. 

There is so much money wasted in civil/administrative law.  Brady getting an appeal is nothing compared to the nonsense I have seen

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4 minutes ago, drdetroit said:

Dude you have no idea.  Judges are appointed often times by political leaning and it has nothing to do with merit.  Especially on the civil administrative side there a lot of dirtbags holding very high positions 

Not sure what you mean by "administrative side" as this case does not involve administrative law but I would respectfully disagree with your claim that 2nd Circuit Judges are appointed without regard to merit.  Yes, politics come into play in the appointment of Judges, especially state court judges, some of whom are elected.  But there are no "stupid" or incompetent Judges on the Second Circuit Court of Appeals -- just ones with different political leanings.  And I'm not sure how politics would come into play here.  Even a liberal Judge will likely say, "enough already, he has already gotten three hearings."

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12 minutes ago, Bruce Harper said:

Not sure what you mean by "administrative side" as this case does not involve administrative law but I would respectfully disagree with your claim that 2nd Circuit Judges are appointed without regard to merit.  Yes, politics come into play in the appointment of Judges, especially state court judges, some of whom are elected.  But there are no "stupid" or incompetent Judges on the Second Circuit Court of Appeals -- just ones with different political leanings.  And I'm not sure how politics would come into play here.  Even a liberal Judge will likely say, "enough already, he has already gotten three hearings."

Ah. So can we put this down as a formal prediction that the en banc request will be denied?

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19 minutes ago, Jet Fan RI said:

Ah. So can we put this down as a formal prediction that the en banc request will be denied?

I do believe it will be denied.   Seven Judges have to be convinced both that (1) their colleagues were wrong in ruling against Brady and (2) that it matters so much this gazillionaire with a perfect life got suspended that they should employ this extremely rare process of having all thirteen of them review the decision of their colleagues that they probably have lunch with twice a week.  

But I have been wrong before.

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To me, the most interesting potential repercussion of Brady's legal strategy is that by filing this petition, he surrenders control of when he will be serving the suspension.  If he doesn't file this petition, Garapolo plays the first four games, they have all summer to get him ready, and they move forward from there.  With the pendency of the en banc, if it is accepted for argument and hearing, they could decide the case at a time very inconvenient to him and he could have to serve his suspension in November or December or even the playoffs.  There would seem to be some poetic justice there if that happens.

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36 minutes ago, Bruce Harper said:

To me, the most interesting potential repercussion of Brady's legal strategy is that by filing this petition, he surrenders control of when he will be serving the suspension.  If he doesn't file this petition, Garapolo plays the first four games, they have all summer to get him ready, and they move forward from there.  With the pendency of the en banc, if it is accepted for argument and hearing, they could decide the case at a time very inconvenient to him and he could have to serve his suspension in November or December or even the playoffs.  There would seem to be some poetic justice there if that happens.

But then he heads to SCOTUS, and another stay is granted...

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48 minutes ago, Bruce Harper said:

That has almost no chance of happening.  The SCOTUS simply has bigger fish to fry. It would demean the Court to take on a four game suspension. 

Oh, I'm pretty sure SCOTUS would not hear the case. But if Olson requests it, the waiting period before the decision not to take the case could be long enough to get Brady through the whole season and postseason, no? Or are there ever cases where the rejection happens in just a few days?

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26 minutes ago, Jet Fan RI said:

Oh, I'm pretty sure SCOTUS would not hear the case. But if Olson requests it, the waiting period before the decision not to take the case could be long enough to get Brady through the whole season and postseason, no? Or are there ever cases where the rejection happens in just a few days?

When he files his appeal (or Petition for a Writ of Certiorari) to the Supreme Court, he has to go through the additional step of seeking a stay of his suspension by filing a motion for a stay pending appeal that would be heard by one Judge of the Court, in this case, Justice Ginsburg.  In my opinion it is extremely unlikely that she would grant that stay.  If it is not granted, he will still have to serve his suspension and his appeal essentially becomes moot.

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11 minutes ago, Larz said:

it will be a delay for sure, but think of how sweet it will be for 2 courts to tell him to GFY

As long as they get it done in time to affect this season. Wouldn't it be great if his first suspended game falls in the 1st round of the playoffs? Pats lose, Brady sits 1st 3 games of 2017.

Sweet.

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Could this guy be so deep in denial he actually believes he didn't cheat ? The more attention this Idiot brings to the matter the more he tarnishes his legacy as a great NFL QB he has to know this right ? Excuse me for a minute I have to go break my phone now

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2 hours ago, Bruce Harper said:

When he files his appeal (or Petition for a Writ of Certiorari) to the Supreme Court, he has to go through the additional step of seeking a stay of his suspension by filing a motion for a stay pending appeal that would be heard by one Judge of the Court, in this case, Justice Ginsburg.  In my opinion it is extremely unlikely that she would grant that stay.  If it is not granted, he will still have to serve his suspension and his appeal essentially becomes moot.

No matter what happens with the suspension the players association is going to keep pursuing this.  There is a reason the players association has thrown so much money at this and hired high profile people like Ted Olson.  They don't want Goodell to be able to make rulings and then be able to hear the appeals of his own rulings.  If this was just about air in footballs there would have just been a fine as stated in the rule book.  Olson is attempting to turn this into a landmark labor law case that would set a president in all labor law cases.  If he accomplishes that, it may catch the Supreme Court's eye and they may step in on their own.  To the players association this about a whole lot more than Brady.

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25 minutes ago, devland said:

No matter what happens with the suspension the players association is going to keep pursuing this.  There is a reason the players association has thrown so much money at this and hired high profile people like Ted Olson.  They don't want Goodell to be able to make rulings and then be able to hear the appeals of his own rulings.  If this was just about air in footballs there would have just been a fine as stated in the rule book.  Olson is attempting to turn this into a landmark labor law case that would set a president in all labor law cases.  If he accomplishes that, it may catch the Supreme Court's eye and they may step in on their own.  To the players association this about a whole lot more than Brady.

Then don't you think maybe they should've, I don't know, not agreed to give him that power in the CBA? Like the 2nd Circuit has already said? Instead of continuing to waste the taxpayers money trying to get out of a term of the agreement that they negotiated for months?

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37 minutes ago, devland said:

No matter what happens with the suspension the players association is going to keep pursuing this.  There is a reason the players association has thrown so much money at this and hired high profile people like Ted Olson.  They don't want Goodell to be able to make rulings and then be able to hear the appeals of his own rulings.  If this was just about air in footballs there would have just been a fine as stated in the rule book.  Olson is attempting to turn this into a landmark labor law case that would set a president in all labor law cases.  If he accomplishes that, it may catch the Supreme Court's eye and they may step in on their own.  To the players association this about a whole lot more than Brady.

LOL.  The players union agreed to this in the CBA.  They agreed to let the Commissioner be the adjudicator of appeal.  No court in the US will change that because the Players Union agreed to it in signing the CBA.  They have to wait for the new CBA negotiations to change their mistake.  

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49 minutes ago, devland said:

No matter what happens with the suspension the players association is going to keep pursuing this.  There is a reason the players association has thrown so much money at this and hired high profile people like Ted Olson.  They don't want Goodell to be able to make rulings and then be able to hear the appeals of his own rulings.  If this was just about air in footballs there would have just been a fine as stated in the rule book.  Olson is attempting to turn this into a landmark labor law case that would set a president in all labor law cases.  If he accomplishes that, it may catch the Supreme Court's eye and they may step in on their own.  To the players association this about a whole lot more than Brady.

If they didn't want to allow Goodell to deal with appeals of his own rulings then the right time to have done that would have been when they negotiated the collective bargaining agreement allowing him to do that.

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On 5/23/2016 at 10:28 AM, PatsFanTX said:

There is no room up there.

Too many Super Bowl trophies and rings.

Wow that's some good contribution. Seriously take some money go to where the girls walk around and get yourself laid. You may find there are better things to do in life. If that doesn't help you then go to the doctor. You have serious mental health issues.

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