New England Patriots quarterback Tom Brady will reportedly file an en banc appeal of his four-game Deflategate suspension Monday.
Former U.S. Solicitor General Theodore Olson, who is now leading Brady’s defense, told ABC News that “the facts here are so drastic, and so apparent, that the court should rehear” the case. (RELATED: Circuit Court Reinstates Brady’s Deflategate Suspension)
According to the Boston Globe, the case will be reviewed by all 13 judges active in the Second Circuit of the U.S. Court of Appeals and at least seven must agree the “appeal has merit” in order for Brady to move forward.
The Globe further notes the Second Circuit has a “longstanding tradition of general deference to panel adjudication” and only grants en banc hearings for .03 percent of appeals filed.
If Brady is not granted a hearing, he will be forced to sit out the first four games of the 2016 NFL season.
He will be eligible to return during the Patriots’ Week 5 game against the Browns in Cleveland.