Brady must sit four games
Appeals court overturns earlier ruling, returns power to commissioner.
new york» New England Patriots quarterback Tom Brady must serve a four-game “Deflategate” suspension imposed by the NFL, a federal appeals court ruled Monday, overturning a lower judge and siding with the league in a battle with the players union.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan ruled 2-1 that commissioner Roger Goodell did not deprive Brady of “fundamental fairness” with his procedural rulings.
The split decision fuels a fresh round of debate over what role, if any, the quarterback and top NFL star played in using underinflated footballs at the AFC championship game in January 2015. The Patriots won the contest over the Indianapolis Colts, 45-7, then won the Super Bowl.
Soon after Monday’s ruling, Republican presidential candidate Donald Trump opened a campaign rally in Rhode Island by sticking up for Brady, a longtime friend and golfing buddy.
“First of all, let’s start by saying: ‘Leave Tom Brady alone. Leave him alone. Leave him alone,’ ” Trump said. “He’s a great guy. It’s enough.”
The ruling can be appealed to the full 2nd Circuit or to the U.S. Supreme Court, but it would probably be a steep and time-consuming climb even if the courts took the unusual step to consider it.
The 2nd Circuit said the contract between players and the NFL gave the commissioner authority that was “especially broad.”
“Even if an arbitrator makes mistakes of fact or law, we may not disturb an award so long as he acted within the bounds of his bargained-for authority,” the court said.
The NFL Players Association said in a statement that it was disappointed.
“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,” the statement said. “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.”
The appeals ruling follows a September decision by Manhattan Judge Richard Berman that went against the league, letting Brady skip the suspension last season. Goodell insisted the suspension was deserved.
The appeals court settled the issue three days before the start of the NFL draft and well before the start of the 2016 season, avoiding the tension built last year when Brady didn’t learn until a week before the season that he would be allowed to start in the Patriots’ opener.
The Patriots open the 2016 season Sept. 11 at Arizona, followed by games at home against the Miami Dolphins, Houston Texans and Buffalo Bills. Brady’s backup at quarterback is Jimmy Garoppolo, who appeared in 11 games over his first two seasons but hasn’t made a start.
Judge Barrington D. Parker said Brady’s cellphone destruction raised the stakes “from air in a football to compromising the integrity of a proceeding that the commissioner had convened.”
“So why couldn’t the commissioner suspend Mr. Brady for that conduct alone?” Barrington asked.
Parker also was critical of the NFL at the arguments, saying Brady’s lengthy suspension seemed at “first blush a draconian penalty.”