Court: Brady must serve his suspension

Associated Press

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-to-1 that Commissioner Roger Goodell did not deprive Brady of “fundamental fairness” with his procedural rulings. The split decision may end the legal debate over the scandal that led to months of football fans arguing over air pressure and the reputation of one of the league’s top teams.

It also 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, and then won the Super Bowl.

Soon after the 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 he’s a great guy,” Trump said. “It’s enough. It’s enough.”

The ruling can be appealed to the full 2nd Circuit or to the U.S. Supreme Court, but it would likely be a steep and time-consuming climb even if the court took the unusual step of considering it.

In a majority opinion written by Judge Barrington D. Parker, the 2nd Circuit said its review of labor arbitration awards “is narrowly circumscribed and highly deferential — indeed, among the most deferential in the law.”

“Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games or none at all. Nor is it our role to second-guess the arbitrator’s procedural rulings,” the opinion said. “Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards established by the Labor Management Relations Act.”

The 2nd Circuit said the contract between players and the NFL gave the commissioner authority that was “especially broad.”