It might have taken awhile, but the United States Court of Appeals for the Second Circuit on Monday reinstated the suspension of Tom Brady, and it is highly likely this decision will stick, said Nellie Drew, University at Buffalo sports law expert.
“From a legal perspective, Brady is all but done,” said Drew, who served as outside counsel for the NHL and as a team attorney for the Buffalo Sabres in the 1990s. “They can appeal this decision by requesting an en banc hearing before the Second Circuit or even seeking review in the Supreme Court. But good luck. It is very unlikely that such an appeal would be entertained by either court.”
In a 2-to-1 decision, a panel reinstated the suspension of the New England Patriots’ quarterback. Their ruling overturned a lower-court decision that had voided the NFL’s suspension. Brady now might serve his four-game suspension when the season starts in September.
It’s a decision, according to Drew, that should have been made last time around and has far-reaching ramifications.
The decision reinforces Commissioner Roger Goodell’s authority to discipline players, as set forth in the collective bargaining agreement.
“I thought an egregious mistake was made by the court last time,” Drew said. “It was so surprising in that it ran counter to long-established federal policy in which the courts defer to the results of private arbitration processes — particularly those that are the result of collective bargaining.”
The Court of Appeals holds tremendous weight, Drew said. So while it is possible the players union could appeal, the odds are stacked against them in a big way.
“The chances are pretty high that Brady will sit,” she said. “They might try and appeal it, or negotiate within the NFL to attempt to knock it down a couple of games, but from a legal standpoint, Brady is pretty much out of luck.”
