Brady
loses Deflategate appeal, suspension stands
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[July 14, 2016]
By Joseph Ax and Jonathan Stempel
(Reuters) - New England Patriots star
Tom Brady on Wednesday lost a bid to have a U.S. appeals court
reconsider his four-game suspension, in what could be the
quarterback's last chance to avoid punishment over the "Deflategate"
scandal.
The 2nd U.S. Circuit Court of Appeals in New York said it would not
review its April 25 decision to reinstate Brady's suspension by the
National Football League over deflated footballs.
If it stands, the suspension imposed by NFL Commissioner Roger
Goodell would force Brady, who turns 39 next month and was twice the
league's most valuable player, to miss the first four games of the
season beginning in September.
It would also end an 18-month saga that had become a major
distraction for the NFL, which also faces criticism over player
safety and the link between football and concussions.
The request for a rehearing by Brady and the National Football
League Players Association had been considered a long shot because
the appeals court rarely grants them.
Brady can still appeal to the U.S. Supreme Court, but it accepts to
review only a small fraction of cases it considers.
The players union in a statement said it was disappointed by the
order and will review its legal options, while maintaining that
there were "clear violations" by the NFL and Goodell of their
collective bargaining agreement.
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"Despite today's result, the track record of this League office when
it comes to matters of player discipline is bad for our business and
bad for our game," the union said. "We have a broken system that
must be fixed."
Representatives for the NFL and Brady did not immediately respond to
requests for comment.
Brady was suspended after the NFL discovered underinflated footballs
were used in the Patriots' 45-7 rout of the Indianapolis Colts in
the January 2015 AFC championship game.
The win propelled the Patriots to Super Bowl XLIX, where they beat
the Seattle Seahawks, giving Brady his fourth title.
DEFLATED FOOTBALLS
Brady was suspended after a lawyer hired by the league to
investigate said the quarterback had been "generally aware" that two
Patriots employees had conspired to deflate the footballs, which
could make them easier to grip.
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![](../images/071416pics/sports55.jpg)
Patriots quarterback Tom Brady (12) reacts before the game against
the Kansas City Chiefs in the AFC Divisional round playoff game at
Gillette Stadium. Mandatory Credit: Greg M. Cooper-USA TODAY
Sports/File Photo
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The quarterback has denied involvement.
Goodell upheld the suspension in July 2015, prompting a lawsuit from
the players union asserting that he overstepped his authority.
A federal judge threw out Brady's suspension, allowing him to play
the entire 2015 season.
But in a 2-1 decision on April 25, an appeals court panel restored
Brady's punishment, saying Goodell had broad discretion under the
league's collective bargaining agreement with its players to resolve
what it called an "intramural controversy."
Wednesday's order rejected Brady's motion to have the panel or the
entire appeals court reconsider the case.
Brady and the players union had said letting the decision stand
would undermine collectively bargained labor agreements.
The NFL countered that its agreement with the union gave Goodell
expansive power to discipline players.
Two former U.S. solicitors general under President George W. Bush
were on opposite sides of the case, with Theodore Olson representing
the union and Paul Clement representing the NFL.
Brady drew support for his appeal from many parties, including the
Patriots, mediator Kenneth Feinberg, and even a group of physics and
engineering professors who said deflated footballs were a normal
part of the game.
[© 2016 Thomson Reuters. All rights
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