Monday, April 25, 2016

Tom Brady's four-game suspension reinstated by appeals court

Welcome back, deflate-gate. Oh, how we missed you.
New England Patriots quarterback Tom Brady's four-game suspension is — for now — back on. The Second Circuit court ruled 2-1 in favor of the NFL, overturning last year’s ruling by U.S. District Judge Richard M. Berman that Brady avoid missing the first quarter of last season.
The court essentially ruled not on Brady's guilt or innocence. Instead, it ruled that NFL commissioner Roger Goodell had the power to implement a suspension. Article 46 of the collective-bargaining agreement between the players and the league states that the commissioner is empowered to take disciplinary power against a player whom he "reasonably judges" to have engaged in "conduct detrimental the integrity of, or public confidence in, the game of professional football.
 
From the three-judge panel's finding:
"Our obligation is limited to determining whether the arbitration proceedings and award met the legal minimum standards established by the National Labor Relations Act ..."
The NFLPA, which fought the matter on Brady's behalf, issued a statement.
"The NFLPA is disappointed in the decision by the Second Circuit. We fought Roger Goodell's suspension of Tom Brady because we know he did not serve as a fair arbitrator and that players' rights were violated under our collective bargaining agreement. Our Union will carefully review the decision, consider all of our options and continue to fight for players' rights and for the integrity of the game."
Goodell still holds the right to rescind the four-game punishment. He declined to say last week if he'd enforce Brady’s suspension this season if the appeal was won, as it was Monday. A fine is also possible, per Goodell's discretion, but many believe that Brady will have to sit out the four games.
However, we shouldn't expect a conclusion anytime soon. Various media reports suggest that Brady was not happy whatsoever with the ruling and that he plans to fight it any way he can, as his legal eagles huddle and plan their next move. Brady's team could seek an injuction in the matter and request a rehearing before the full Second Circuit court, or he could take this all the way to the Supreme Court, although that seems a bit of a stretch.
The Patriots open the season in Week 1 at the Arizona Cardinals, followed by three straight home games — against the Miami Dolphins, Houston Texans (on Thursday Night Football) and Buffalo Bills. If the suspension holds, Brady would return to the field in Week 5 at the Cleveland Browns.
The timing is good for the Patriots, who own 11 draft picks and might now need to draft a quarterback. Other than Brady, the only QB on the roster is Jimmy Garoppolo, who was set to start early last season when the initial punishment was handed down before Berman overturned the suspension.
Garoppolo completed only 1 of 4 passes in 2015 for 6 yards last season as the Patriots advanced all the way to the AFC championship game before losing to the Denver Broncos. In two seasons, Garoppolo has completed 20 of 31 passes for 188 yards with 1 TD, zero interceptions and five sacks taken (all in relief) after he was a 2014 second-round pick out of Eastern Illinois.
Brady, who turns 39 in August, was an MVP candidate in 2015, throwing for 4,707 yards, 36 TD passes and seven INTs. He signed a two-year contract extension in March through the 2019 season, when he would turn 42.
Yes, we have a new chapter in a story that began the night of the AFC championship game in 2015 when the Indianapolis Colts suspected that Brady and the Patriots intentionally deflated footballs below the legal limit to gain an advantage. The Patriots beat the Colts 45-7 that night and went on, amid a storm of controversy, to win Super Bowl XLIX, with Brady the MVP of the game after a dramatic fourth-quarter comeback.

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