- Jul 18, 2005
There is something to be said for having a guy who has internalized every single event in the course of this fiasco arguing. while appeals aren't generally about "facts," Berman's rationale depended on some very specific things that occurred along the way the the NFL/Goodell did or didn't do.
To me it fits with both sides' predominant themes: for the NFL, its a broad stroke, "its labor law -- leave the decisionmaker's decisions alone" and Clement can paint those broad strokes. For Brady it: "the NFL fucked this up and fucked me over three hundred different ways, and here they are" which they not unreasonably think is up Kessler's alley.
In the end though, they are both good, and while, as DDB said, oral argument can occasionally make a large difference, there is nothing to see here, IMO, in the difference between Kessler and Clement.