Patriots News: Brady’s SCOTUS Fate Lies With Justice Ginsburg
By Blake Yagman
Second Circuit Drama
Earlier this week, New England Patriots Quarterback Tom Brady and his legal team won a major battle in the war known as ‘Deflate-gate.’ The case, formally called NFL v. NFLPA, is now centered around whether Brady will be granted a rehearing by the Second Circuit to reconsider their previous ruling.
In Brady’s case, he now has 14 days to file a motion for a rehearing; if the Second Circuit agrees, the decision to suspend Brady will be set aside (as the court will redetermine which punishments, if any, are appropriate).
If the Second Circuit agrees to rehear the case, their decision will leave a tremendous legacy. Aside from the impact on the Brady and the Patriots as a result of a potential suspension, the ‘Deflategate’ decision will affect how the NFL operates going forward. Roger Goodell’s decision to suspend Tom Brady as a result for being ‘generally aware of the possibility of under-inflated footballs,’ the potential arbitrariness of the penalty, as well as Goodell’s authority to discipline are all at stake in this case.
If the Second Circuit does not want to hear the case (basically because they are sick of dealing with this topic or are showing deference to the previous decision), Brady’s legal options become much, MUCH more interesting.
Mr. Brady Goes to Washington
In the unlikely event that the Second Circuit rejects Brady’s request for a rehearing, Brady will have to file a Writ of Certiorari to the Supreme Court of the United States. A Writ of Certiorari, or a petition to be heard, would be Brady’s request for a hearing by the Supreme Court. In this scenario, because Brady’s case originated in the Second Circuit, his request would go to the desk of Justice Ruth Bader Ginsburg.
On the Supreme Court, there are nine judges called justices. In order for a case to heard by the justices, four of them must agree that the ‘Writ’ warrants the Court’s attention. At this stage in the process, Brady’s writ would go to Ginsburg’s desk– there, she would canvass whether four justices are interested enough in the case and it’s issues for it to occupy their time.
Justice Ginsburg’s may just be the perfect desk for this appeal to fall on. Ginsburg has built up a famed reputation in the legal community; she is known for preferring fairness over the strict letter of the law, and has written many of the most important legal decisions in American history. In many of her landmark decisions, Justice Ginsburg’s propensity for equality seemingly cuts in favor of Brady’s writ.
To further push the scales in his own favor, Tom Brady recently added Ted Olson to his legal team. Olson is well-known amongst the legal community; similar to Brady himself, Olson is at the very top of his industry.
Ted Olson is one of a handful of attorneys who frequently practice in front of the Supreme Court. Olson has argued in front of the court over 60 times; he has been a part of key decisions in American jurisprudence, including Bush v. Gore (deciding the status of the Florida vote recounts in the 2000 election) and Perry v. Schwartzenegger (challenging the constitutionality of a state’s same-sex marriage ban). Brady’s retention of Olson is a power move, the equivalent of the Patriots signing CB Darrelle Revis before winning a Super Bowl.
Keep it locked here at Chowder and Champions for continued coverage of Deflategate and all things New England Patriots.