Tom Brady and the NFL Players have not yet filed a further appeal of the recent ruling reinstating his four-game suspension. Clearly, however, it’s coming.
Via CSNNE.com, Brady’s legal team has added former United States Solicitor General Ted Olson. The move definitely means that Brady and the NFL Players Association will be filing a petition for rehearing before the full U.S. Court of Appeals for the Second Circuit. Given Olson’s extensive U.S. Supreme Court experience, it also suggests that trying to persuade the Second Circuit to change its mind won’t be the last step in the litigation.
Before the litigation continues, Brady and the NFLPA must file a formal petition for rehearing within 14 days after the Second Circuit’s ruling. The NFLPA has requested a 14-day extension of that deadline, citing the need to confer with the union representatives from each team before making a final decision.
Frankly, there’s no need for any further consultation or deliberation. The NFLPA should go full speed ahead with any and all appeals. Otherwise, Commissioner Roger Goodell will emerge with more power and greater discretion to decide all future cases however the league wants them to be decided, based on business interests that may or may not cry out for the blind administration of justice and the fair implementation of procedures.
And if the bottom line is that Goodell has more power, it will be even harder to get the league to relinquish that power at the bargaining table.