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BREAKING: Tom Brady Suspension Reinstated

By Blake Yagman

Jan 24, 2016; Denver, CO, USA; New England Patriots quarterback Tom Brady (12) walks off the field after the AFC Championship football game against the Denver Broncos at Sports Authority Field at Mile High. Mandatory Credit: Mark J. Rebilas-USA TODAY Sports
Jan 24, 2016; Denver, CO, USA; New England Patriots quarterback Tom Brady (12) walks off the field after the AFC Championship football game against the Denver Broncos at Sports Authority Field at Mile High. Mandatory Credit: Mark J. Rebilas-USA TODAY Sports /
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Tom Brady has had his suspension reinstated by a federal court as the Deflategate saga continues.

After a protracted legal battle stemming from Tom Brady‘s participation in ‘Deflategate,’ there might finally be a resolution.

Pursuant to a court order by the 2nd Circuit of the U.S. Court of Appeals, Tom Brady’s suspension by Roger Goodell has been upheld. Essentially the previous opinion by the court, which opined that Commissioner Goodell had overstepped his disciplinary discretion, had their ruling overturned; this court felt that Goodell was acting within his authority to suspend Brady as a result of the ‘Deflategate’ controversy.

All of the rules regarding player discipline in the NFL are laid out in the Collective Bargaining Agreement; the “CBA,” as those within the industry call it, is a governing list of rules that both the player’s union and the league agree to. Sports leagues have special exemptions from laws that allow employees to challenge how their rules are made; the NFL is no different.

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Going forward, Tom Brady and his attorneys have a few different courses of action. Brady’s attorneys will likely seek all of them. First, they can attempt to settle with the NFL so that the penalty is either reduced or eliminated. This is a very unlikely scenario, as there is already a decent amount of bad blood and reputational backlash as a result of the conflict thus far.

Brady’s next option would be legal: to file certiori, or file a document asking to be heard, by the Supreme Court of the United States. While this is perhaps the most exciting and romantic turn of events that could occur, it is very unlikely to happen. The Supreme Court does not like to hear cases where the litigants have no issues which issue them. Here, ‘SCOTUS’ would be unlikely to want to pursue a hearing in this case.

The very last legal avenue for Brady would be to request to have the case reheard by the entire circuit panel of (21) judges at the Second Circuit. The Second Circuit would be unlikely to allow this hearing as well, this is because their court has already ruled on this issue twice.

Next: C's Prevailing in the Face of Adversity

Unfortunately, the best potential avenue for Tom Brady would probably be to try to apologize and settle with the NFL. As this case continues to develop, keep it locked at Chowder and Champions.

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