What comes next for Tom Brady?
It’s 4th and long for the Patriots quarterback.
With the ruling from the Second Circuit Court of Appeals rejecting Tom Brady and the NFLPA’s motion for a rehearing en banc, Brady is now left with a narrowing list of options in his effort to avoid a four-game suspension at the start of the 2016 season.
At the moment, Brady’s very impressive legal team hasn’t made any moves in reaction to the latest decision:
As of now Brady and his legal team have made no decisions. Holding internal discussions and weighing options
— Jason La Canfora (@JasonLaCanfora) July 13, 2016
In the immediate future, Brady has a necessary (albeit futile) step should he choose to continue fighting the suspension: ask for a stay from the Second Circuit court. Given their recent rejection of Brady, this appears a pointless effort, however it serves a crucial purpose:
Even though Second Circuit will likely to deny his stay request, Brady can’t ask SCOTUS for stay until he’s been turned down by lower court.
— Daniel Wallach (@WALLACHLEGAL) July 13, 2016
The United States Supreme Court is the last option for Brady, according to sports law professor Michael McCann.
“Brady could petition the U.S. Supreme Court to intervene,” McCann wrote in May. “Brady’s attorneys would petition the the US Supreme Court justice for the Second Circuit, Ruth Bader Ginsburg, to stay the suspension until the U.S. Supreme Court has acted on the case.”
Brady’s argument, per McCann, is that he could potentially serve the suspension only to see it vacated by the court later, which would be deemed “irreparable harm.”
Statistically, Brady’s chances of getting anything from the Supreme Court are minuscule. Just as it was in getting a rehearing en banc, the chances of getting the highest court in the land to consider his petition hovers at roughly one percent.
With this in mind, it appears Justice Ginsburg has suddenly been cast in a very Belichickian role:
What do U.S. Supreme Justice Ruth Bader Ginsburg and Bill Belichick have in common? They’ll both decide if Jimmy Garoppolo starts in Week 1.
— Michael McCann (@McCannSportsLaw) July 13, 2016
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