What comes next in Deflategate
As NFL fans are probably generally aware, U.S. District Court Judge Richard M. Berman overturned Tom Brady’s four-game suspension for his role in Deflategate.
But the months-long scandal isn’t over just yet. The NFL hasn’t given up the fight.
Here’s what you need to know about what comes next.
Will the NFL appeal?
Yes, the NFL announced in a statement Thursday it planned to appeal Berman’s decision. The appeal was filed in the U.S. Court of Appeals for the Second Circuit.
How long could such an appeal take?
The median duration of a Second Circuit appeal is 10 months, according to legal expert Daniel Wallach.
Will Tom Brady play Week 1 against the Pittsburgh Steelers?
Yes, Berman’s decision clears Brady to play. While it did file an appeal, the NFL is not attempting to keep Brady off the field by seeking a stay of Berman’s enforcement, according to NFL.com.
Can the NFL still try to punish Brady?
Yes, according to SI.com’s legal expert Michael McCann. But any punishment would need to be in accordance with Judge Berman’s order.
Of course, one sensible reading of Judge Berman’s ruling is that the NFL should not be able to re-punish Brady because the league never gave him adequate notice in the first place. While the NFL would likely disagree with that reasoning, it is worth considering. One interpretation is certain: If the NFL seeks to punish Brady again, it should only do so in a judicious way. The league must avoid a repeat of the process problems clearly identified by Judge Berman. If instead the league subjects Brady to another series of unfair applications of rules, it could find itself back in court for Tom Brady v. NFL II.
What if the NFL wins its appeal?
Pending the outcome of the NFL’s appeal, Brady’s suspension could possibly be reinstated in the future, according to Tulane law professor Gabe Feldman.
Best Front Pages of Brady Suspension
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