Sports

Tom Brady’s ‘Deflategate’ Appeal Denied, Last Chance Is Supreme Court

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Kevin Daley Supreme Court correspondent
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The U.S. Second Circuit Court of Appeals denied Tom Brady’s appeal for a rehearing of the so-called “Deflategate” case Wednesday, leaving him the last-ditch effort of petitioning to the U.S. Supreme Court to try avoiding a four-game suspension.

Brady’s legal team, led by former U.S. Solicitor General Ted Olson of Gibson Dunn, petitioned the Second Circuit for a rehearing of the case en banc — in which the case would have been re-argued and re-decided before every appeals judge in the circuit. There is no right to a hearing en banc, and the petitions are rarely granted since they’re reserved for cases of significant constitutional consequence.

A three-judge panel led by Judge Barrington D. Parker reinstated Brady’s four-game suspension in April for reportedly participating in a scheme to deflate footballs below the NFL-prescribed range in last year’s AFC championship game against the Indianapolis Colts. Brady alleged that NFL Commissioner Roger Goodell inappropriately exercised his disciplinary authority in imposing the suspension.(RELATED: Tom Brady Appeals Deflategate Decision…Again)

“The Commissioner was authorized to impose discipline for, among other things, ‘conduct detrimental to the integrity of, or public confidence, in the game of professional football,'” the April decision read. “In their collective bargaining agreement, the players and the League mutually decided many years ago that the Commissioner should investigate possible rule violations, should impose appropriate sanctions, and may preside at arbitrations challenging his discipline.”

The recent decision significantly increases the probability that Brady will serve the four-game suspension. His last hope of dodging the penalty is an appeal to the Supreme Court. Should Brady proceed, Justice Ruth Bader Ginsburg will review the petition, as she reviews appeals from the Second Circuit.

Brady also may ask the Second Circuit to stay the suspension while the Supreme Court weighs granting the case.

Brady has not yet announced whether he will pursue a Supreme Court appeal.

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