Here’s what Tom Brady’s deflate-gate appeal potentially could mean
Monday marks the deadline for New England Patriots quarterback Tom Brady to appeal his deflate-gate case, and all signs point toward his camp starting that ball rolling.
According to ESPN, the NFLPA plans to file a petition this afternoon to rehear Brady’s case “en banc” — which, in legal terms, means in front of the entire court — in the U.S. Court of Appeals for the Second Circuit. It’s a risky approach, as typically the court defers to the findings of its three-judge panel, which previously had reinstated his four-game suspension by a 2-1 vote, as a matter of respect.
“The facts here are so drastic and so apparent that the court should rehear it,” NFLPA attorney Theodore B. Olson told ABC News in an interview that aired on “Good Morning America.”
Brady’s lawyers had requested (and were granted) a two-week extension to decide which approach to take, so clearly they’ve thought things through thoroughly. How long could a decision to grant the “en banc” status take? It varies, but one month’s time appears to be a standard length to be expected.
If this is granted, the chances of Brady being eligible from the start of the season until the case has been settled increase dramatically. Assuming that timetable, the case might not begin for many months and Brady might be expected to play in the Patriots’ season opener at the Arizona Cardinals in Week 1. It’s possible that Brady serves no time during the 2016 season while this plays out.
And what if Brady’s “en banc” request is denied? His legal eagles then could ask for a stay from the appellate court as they prepare his case for an appeal with the Supreme Court.
Yes, it could get that far. And no, this thing is not over. Far from it, it appears.
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Eric Edholm is a writer for Shutdown Corner on Yahoo Sports. Have a tip? Email him at [email protected] or follow him on Twitter! Follow @Eric_Edholm