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Brady to Prolong his Misery; Filing en banc Petition


Bruce Harper
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Tom Brady To File Request For En Banc Rehearing With Second Circuit

BOSTON (CBS) — As expected, Tom Brady and his lawyers will file a request Monday afternoon for the U.S. Court of Appeals for the Second Circuit to rehear his case en banc, according to ESPN’s Adam Schefter.

 

The request would call for all the activeicon1.png judges on the Second Circuit to rehear the case and decide on it.

 

Brady’s four-game suspension from the NFL was originally overturned in U.S. District Court in New York by Judge Richard Berman, but the NFL appealed the decision to the Second Circuit. There, a three-judge panel ruled 2-to-1 in favor of the NFL and ordered that the suspension be reinstated.

The dissent in that ruling came from Robert Katzmann, the chief judge of the Second Circuit. Judges Barrington Parker and Denny Chin ruled in favor of the NFL.

Brady hired Ted Olson, a highly respected lawyer with extensive experience arguing before the Supreme Court, in late April, and Olson wrote the request for an extension of the window to appeal from two weeks to four weeks on April 29. The NFL filed a motion to deny that request, but the Second Circuit did grant it, thereby moving the deadline for appeal to May 23.

The Brady team now waits for a decision from the Second Circuit on whether or not it will hear the case en banc. That will depend on the decisions of the 13 active judges. Though en banc rehearings are granted at a remarkably low rate (datalb_icon1.png suggests that three one-hundredths of 1 percent of cases get reheard en banc), this case has always managed to be the exception in numerous ways, so there remains hope for Brady.

If the Second Circuit judges decide to not hear the case en banc, then Brady’s camp can still request a stay of the suspension to the Second Circuit while preparing and petitioning the Supreme Court. At least in theory, the process could be prolonged for enough time for Brady to play the entire 2016 season without serving the suspension.

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Where are all those pats fans and media who begged the world to put an end to deflategate and ridiculed the NFL for re-opening the case two months ago?

Oh right, they're all applauding Brady's re-opening of the case and trying to fight back. 

I hope the NFL says enough is enough and full on Cercei-shames him and then ban him from the sport altogether.

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So possibilities moving forward:

  1. He's denied the en blanc (or whatever it's called) hearing.  Usually takes 4-6 weeks to hear back.  So around July 4th.  He then accepts punishment.  (Ha, yeah right.)
  2. He's denied the appeal, but then appeals to Supreme Court.  Ruth Ginsberb issues a stay while the Supreme Court decides whether or not to hear the case.  Brady plays all of 2016 while SC determines whether of not to hear the case.  Then if it will be heard, could allow Brady to play all of 2017 too while the case is heard.
  3. He's granted the en blanc appeal.  Most think he'll play all of 2016.  If he loses, see #2 but push everything out a year.  So he could play all the way through 2018 before a FINAL ruling is made.  Note that some think the appeal could be heard and decided over the summer if expedited, but I'd imagine they have more important things to worry about.
  4. He's denied the en blanc hearing, Ginsberb decides not to issue a stay and Brady serves the suspension in 2016.

Based on how this has been going and Brady's pompous attitude, this is going on for years.  He may actually retire before he'll have to serve the suspension.

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36 minutes ago, Jetdawgg said:

I am no legal expert. As a fan of the game though this is not good.

People say this, but it makes zero sense. This has been going on for over a year and the ratings last year were great. Interest in the game has never been higher. Yet people like you continue to say "this is not good for the game." 

Why isn't it good for the game? What damage will be done, other than to Brady's ego and legacy? 

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2 minutes ago, Bruce Harper said:

It's going nowhere.   Maybe his guys think it will serve as leverage for shaving a game off of the suspension.

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.

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2 minutes ago, JoJoTownsell1 said:

People say this, but it makes zero sense. This has been going on for over a year and the ratings last year were great. Interest in the game has never been higher. Yet people like you continue to say "this is not good for the game." 

Why isn't it good for the game? What damage will be done, other than to Brady's ego and legacy? 

I can tell you...For me, it's adding to the layers of discontent I have for the NFL.  I know I watched a lot less last year.. I basically watched the Jet games and nothing else.  That wasn't always the case.

As this type of stuff keeps piling up eventually the league is going to start declining.  The league is becoming a joke.  Seems to be getting closer and closer to the WWE every year.

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58 minutes ago, BigRy56 said:

The NFL should bite back and just suspend him for the season. End this embarrassment. Unreal.

To be fair, this is Brady's first appeal since the other 2 were done by the NFL.  Funny title, I wouldn't necessarily say his misery, more like NFL Fans misery as we have to listen to this for however many more months.

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7 minutes ago, Klecko73isGod said:

Can Brady's legacy be any more damaged?

Actually yeah, I think it can.  Most people don't give a rat's @ss about the 2nd Circuit Court, if they've ever even heard of it.  I'd think if this hits the Supreme Court, many more people will take notice and Brady's reputation with suffer irreparable damage in the general public's opinion.

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43 minutes ago, Mike135 said:

So possibilities moving forward:

  1. He's denied the en blanc (or whatever it's called) hearing.  Usually takes 4-6 weeks to hear back.  So around July 4th.  He then accepts punishment.  (Ha, yeah right.)
  2. He's denied the appeal, but then appeals to Supreme Court.  Ruth Ginsberb issues a stay while the Supreme Court decides whether or not to hear the case.  Brady plays all of 2016 while SC determines whether of not to hear the case.  Then if it will be heard, could allow Brady to play all of 2017 too while the case is heard.
  3. He's granted the en blanc appeal.  Most think he'll play all of 2016.  If he loses, see #2 but push everything out a year.  So he could play all the way through 2018 before a FINAL ruling is made.  Note that some think the appeal could be heard and decided over the summer if expedited, but I'd imagine they have more important things to worry about.
  4. He's denied the en blanc hearing, Ginsberb decides not to issue a stay and Brady serves the suspension in 2016.

Based on how this has been going and Brady's pompous attitude, this is going on for years.  He may actually retire before he'll have to serve the suspension.

I vote for option 4.  Do I get a vote?

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35 minutes 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.

Those ESPN guys have their heads so far up Brady's butt it isn't funny.

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It becomes more clear with each step of this process that Brady is simply looking to keep getting this suspension pushed back over and over again until he's ready to retire.  Not only would it save him money, but I have no doubt that, in Brady's mind, if he were never to actually serve the suspension he would think that proves him innocent.  At this point Goodell should just tell the refs to come up with any excuse possible to repeatedly eject Brady from games.  Now that would be hilarious.

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2 hours ago, Klecko73isGod said:

Can Brady's legacy be any more damaged? I think this whole thing now is about nothing but Brady's ego. He is so ******* stupid he thinks being exonerated by appeal will somehow cement his "legacy." 

What he doesn't understand, because he is a vapid, narcissistic moron, is that in the minds of 95% of football fans who live outside New England he is nothing more than a cheating prick 6th rounder who owes his entire career to Mo Lewis and a video camera. 

Do you think he really cares what the consensus opinion of non-Patriots fans are?  Seriously. 

He is not losing any sleep over your opinion.

1 hour ago, SAR I said:

Because the United States Government doesn't have more important things to do than listen to the definition of air pressure from a multi-millionaire football star.

Very "patriotic".

SAR I

Or the definition of transgender rights? 

 

1 hour ago, Bleedin Green said:

It becomes more clear with each step of this process that Brady is simply looking to keep getting this suspension pushed back over and over again until he's ready to retire.  Not only would it save him money, but I have no doubt that, in Brady's mind, if he were never to actually serve the suspension he would think that proves him innocent.  At this point Goodell should just tell the refs to come up with any excuse possible to repeatedly eject Brady from games.  Now that would be hilarious.

And give the team more ammunition that this was to right a wrong.  Yeah, that would work well.

2 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.

Ding ding ding.  Winner winner chicken dinner.

If it was 4-0 or even 3-1, then this would be a waste of time. 

Yet, 50%, 50% of the judges, see a problem with how Goodell handled things.  He won in a court where management won 96% of the time.  And the judge did not even slam for some of his worst judgement.

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Can Brady's legacy be any more damaged? I think this whole thing now is about nothing but Brady's ego. He is so ******* stupid he thinks being exonerated by appeal will somehow cement his "legacy." 

What he doesn't understand, because he is a vapid, narcissistic moron, is that in the minds of 95% of football fans who live outside New England he is nothing more than a cheating prick 6th rounder who owes his entire career to Mo Lewis and a video camera. 

Ah, yet another jealous, envious post from an opposing fan.

Brady's legacy will be cemented 5 years after he retires when he is elected to the HOF as a first ballot inductee.

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18 minutes ago, PatsFanTX said:

Ah, yet another jealous, envious post from an opposing fan.

Brady's legacy will be cemented 5 years after he retires when he is elected to the HOF as a first ballot inductee.

Yeah can;t blame you for avoiding people like that.

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