Tom Brady’s Suspension Reinstated By Federal Appeals Panel

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The latest chapter in the Tom Brady versus Roger Goodell melodrama unfolded on Monday as the U.S. Court of Appeals overturned the ruling of a lower court and reinstated the four-game suspension the New England Patriots quarterback was slapped with in the wake of Deflategate.

[The full decision can be read here]

In a 2-1 decision, a three-judge panel sided with the NFL in the ongoing battle. Judges Barrington Daniels Parker Jr. and Denny Chin, who sided against Brady, said in part:

“We hold that the commissioner properly exercised this broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness. Accordingly, we reverse the judgment of the district court and remand with instructions to confirm the award.”

Chief judge Robert Katzmann offered a strong dissent:

“The Commissioner failed to even consider a highly relevant alternative penalty and relied, instead, on an inapt analogy to the League’s steroid policy. This deficiency, especially when viewed in combination with the shifting rationale for Brady’s discipline, leaves me to conclude that the Commissioner’s decision reflected ‘his own brand of industrial justice.’”

Despite the setback, Brady has given no indication that he plans to abandon his pursuit. Multiple sources have already noted his options are limited, but not yet exhausted. Should he choose to move forward, ESPN suggests the next likely step would be for Brady to “request a hearing in front of the full 2^nd Circuit Court. The U.S. Supreme Court is the other remaining step.”

Also a possibility for Brady is a “temporary injunction to hold off Monday’s appeal rulings in order to remain eligible while continuing his pursuit of legal justice.” With the Patriots already back on the field for OTAs, expect a move from the Brady camp sooner rather than later.