The politics of why Kessler was the one who handled the appellate stuff... will be interesting, if it ever comes out. NFLPA screwed the pooch.
He needs not only to get it reversed, but he also needs to get a stay, because there is no way this will get decided before the start of the season.How are people so easy to fold with the 'it's time to move on' crap? This could make or break a Patriot's season in what little time we have in the Brady/BB era. I say bullshit - fight until you've completely run out of options.
This is the long and short of it. The NFLPA were playing checkers to the NFL's 3D chess, and the bill came due today.
Seems about right--2/3 of the country is against the Patriots, 1/3 would see it the way we do.Article 46 of the Collective Bargaining Agreement between the NFL Players Association (the “Association”) and the NFL Management Council requires the Commissioner to provide a player with notice of the basis for any disciplinary action and an opportunity to challenge the discipline in an appeal hearing. When the Commissioner, acting in his capacity as an arbitrator, changes the factual basis for the disciplinary action after the appeal hearing concludes, he undermines the fair notice for which the Association bargained, deprives the player of an opportunity to confront the case against him, and, it follows, exceeds his limited authority under the CBA to decide “appeals” of disciplinary decisions. In its thorough and thoughtful opinion, the majority does not contest this understanding of the CBA. Instead, it asserts that the Commissioner did not change the factual basis for the discipline and, in effect, that any change was harmless. I cannot agree.
Additionally, on a more fundamental level, I am troubled by the Commissioner’s decision to uphold the unprecedented four‐game suspension. The Commissioner failed to even consider a highly relevant alternative penalty and relied, instead, on an inapt analogy to the League’s steroid policy. This deficiency, especially when viewed in combination with the shifting rationale for Brady’s discipline, leaves me to conclude that the Commissioner’s decision reflected “his own brand of industrial justice.” United Steelworkers of Am. v. Enter. 23 Wheel & Car Corp., 363 U.S. 593, 597 (1960).
I hope this is sarcasm.Today is a great day if you believe in integrity.
Brady's side flubbed it from the beginning. The Kraft laydown, allowing Don Yee to do...anything, Brady not swearing on his crops that the investigation was a goldarn disgrace, rolling with Kessler, winning too much, winning too much, and winning too much.
Yeah, that's not going to happen. Berman is not going out on a limb here.Keep in mind the other piece of this is Berman is (as a procedural matter) back with the mandate here. It is rare for a district court judge to do much other than enter the judgment, but this is a little bit of an odd set of facts. I wouldn't hold out a lot of hope, but something to consider when reading the 2nd Circuit opinion (which I have not been able to) is whether it truly responded to the avenues Berman left open, and just how strongly Berman feels about the factual context here (he is foreclosed on the legal one).
The options are letting this hang over Brady and the team for another season in exchange for a minuscule chance of this decision being overturned. He's unlikely to get a stay, so he'll serve the four games either way. The time to fight the league and show indignation has passed, and the owner took his ball and went home when the opportuniy was there.How are people so easy to fold with the 'it's time to move on' crap? This could make or break a Patriot's season in what little time we have in the Brady/BB era. I say bullshit - fight until you've completely run out of options.
I doubt they would care about the chances of winning. The goal would be to push it out as long as possible.
I guess my point is that going 2-2 or 1-3 in the first 4 games will mean this is hanging over the team for another season regardless. So why not exhaust all options?The options are letting this hang over Brady and the team for another season in exchange for a minuscule chance of this decision being overturned. He's unlikely to get a stay, so he'll serve the four games either way. The time to fight the league and show indignation has passed, and the owner took his ball and went home when the opportuniy was there.
Assuming this suspension is upheld: this is nonsense for Brady, and a disaster for the NFLPA.I could barely care less about the 4 games - it may end up being good for the team anyway. But I don't want to listen to all the jealous fans of other teams gloating about their big "win" for the next week.
No realistic avenue for Brady to appeal at this point, is there? Second circuit won't hear this en banc and Supreme Court will also take a pass.
This is Jimmy's time.
Edit: also, 2-1 decision with Katzmann dissenting. Does that make any difference whatsoever?
Interesting that these two judges seemed to be attacking Brady from the outset. Wonder if any large deposits have been made to their bank accounts this year.The dissent from Katzmann at least makes me feel better. I can't understand how the majority came to their conclusion. It defies logic.
Setting aside high dungeon over the rape of jurisprudence momentarily, I'm inclined to agree with this.One of the rare times in the Brady era that we will learn if his backup is any good. If you take out the BS on how we arrived at this point, I still believe it serves the team better in the long run. Jimmy G does not need to be Brady for them to go 2-2 or 3-1. Brady will have 4 less games of wear and tear this season. I know it's a fairly weak analogy, but the Broncos won a SB with a QB on Obamacare. The Bengals were serviceable with AJ freeking McCarron. Better to deal with it now than in December.
I for one was happy to make the LGBT for Lev Bell trade for game one last year.That's about a half step away from cheering an opponent's injury. But hey, congrats.