Alan Millstein: Brady's chances of en banc hearing dramatically improved with latest amicus filings

[ViperGTS]

I'll bet you a pack of gum for your house that we wont find out this week!

Seriously, I have a bad feeling that they won't rehear the case.

I wouldn't be so sure. A ton of labor unions filed with the 2A and that has a lot of weight. Those are heavy hitters. This is a nationwide labor issue now, far greater than Tom Brady. That's what's needs to be understood. This is the only reason that I believe people like McCann are wrong. They look at it from a Brady perspective. That's no longer the case.

Will they hear it? I don't know. I do believe there are elements inside the court that are pushing for it. That I can assure you.

 

[Joker]

and I can assure YOU there are elements that are pushing for the utter eradication of the most damnable, megalomaniacal miscreant in human histo...uh...er...um...well, gee, that's good news Viper. Thanx.

 

[RayClay]

My point is that the poster I replied to stated that he already knows. If you already know, there's no uncertainty and doesn't at all interfere with the team's ability to prepare. In fact, it makes it easier.

I was ignoring him.

 

[Jackson 2]

I was ignoring him.

OK

 

[PatsBoy12]

Still nothing?

 

[Galeb]

 

[PatsFanSince74]

They'll more than likely get drilled against Arizona if Palmer is healthy. The next three games after that are extremely winnable. I think 2-2 is easily achievable.

Heh heh. Who the heck knows?

The Cardinals could choke under the pressure of making up for the Playoff humiliation the last time they had national exposure along with the expectations of beating (at Home and on national TV on opening day!) a team with its arm tied behind its back; can't wait to see how BB gets into Palmer's head leading up to the game. So, "drilled" is not in my vocabulary for that game.

On the other hand, I never put Division Games in the W column, even at Home and with Brady at QB. So, if I had to bet I'd make a wishful bet on 2--2, but anything from 3--1 to 1--3 wouldn't surprise me.

The big unknown is Garoppolo; let's face it, the only positive thing we really know about him is that BB and Josh have kept on the roster for three years now. Otherwise, nothing of substance under game circumstances.

 

[PatsFanSince74]

Still nothing?

The Court released one "Opinion" this morning (7/7), but no "Summary Orders" have been posted, at least as of 10:05 AM.

 

[PatsFanSince74]

If you don't mind I'm going to copy this post and paste it at the end of next month.....

I corrected your post.

 

[RelocatedPatFan]

If you don't mind I'm going to copy this post and paste it at the end of next week......and the next week....and the .......

You'll only be wrong once, but you'll be right plenty (I suspect). Most likely better than Brady's Win % for sure.

 

[archstanton543]

...then if Brady somehow sees the en banc, he'll simply take the reigns again.

No because when he appeals to the Supreme Court, he doesn't have to serve his suspension. Just like if the season started tomorrow with no word on the en banc he doesn't' have to serve his suspension.

 

[sb1]

The Court released one "Opinion" this morning (7/7), but no "Summary Orders" have been posted, at least as of 10:05 AM.

And the one we are interested in would be a "summary order" correct?

 

[sb1]

It's interesting that the court has not asked the NFL to respond... normally I would take that as not a good sign but it's possible that they are considering the amicus briefs plus of course they could have easily denied this outright a lot sooner than this.

 

[IcyPatriot]

Like watching paint dry ............

 

[PatsFanSince74]

And the one we are interested in would be a "summary order" correct?

I believe that's correct, but I'll let a real live lawyer answer the question with authority.

 

[PatsFanSince74]

No because when he appeals to the Supreme Court, he doesn't have to serve his suspension. Just like if the season started tomorrow with no word on the en banc he doesn't' have to serve his suspension.

You're right that, if the season started before a decision on the en banc hearing, Judge Berman's original order would still be in effect.

It's my understanding, subject to correction by those who know more about this than do I, that an appeal to SCOTUS would go to Justice Ginsburg, who would be the sole person to decide whether to stay the Suspension until the entire Court voted on whether to accept the Case. I don't know what criteria she would use to make that decision, but I would imagine that her "sense" of whether or not the Court were likely to vote to hear the Case would be one factor in her decision.

Then, it is my understanding, once again subject to correction by those more knowledgeable than myself, that, if the Court voted to accept the Case, his suspension would be stayed, whatever Ginsburg had decided. However, at that point the horse would have left the barn as he would probably already have served the suspension.

 

[aluminum seats]

All I know is that a decision will be made on a day when I'm not paying attention at all, and when I come here the thread about it will be 45 pages long.

I don't know why, just always seems to happen that way.

 

[SHOWTIME15]

You're right that, if the season started before a decision on the en banc hearing, Judge Berman's original order would still be in effect.

It's my understanding, subject to correction by those who know more about this than do I, that an appeal to SCOTUS would go to Justice Ginsburg, who would be the sole person to decide whether to stay the Suspension until the entire Court voted on whether to accept the Case. I don't know what criteria she would use to make that decision, but I would imagine that her "sense" of whether or not the Court were likely to vote to hear the Case would be one factor in her decision.

Then, it is my understanding, once again subject to correction by those more knowledgeable than myself, that, if the Court voted to accept the Case, his suspension would be stayed, whatever Ginsburg had decided. However, at that point the horse would have left the barn as he would probably already have served the suspension.

From the Court's website:

http://www.supremecourt.gov/publicinfo/reportersguide.pdf

"Case law has established four general criteria that the applicant normally must satisfy in order for the Court to grant a stay. They are:

1. that there is a “reasonable probability” that four Justices will grant certiorari, or agree to review the merits of the case;

2. that there is a “fair prospect” that a majority of the Court will conclude upon review that the decision below on the merits was erroneous;

3. that irreparable harm will result from the denial of the stay;

4. finally, in a close case, the Circuit Justice may find it appropriate to balance the equities, by exploring the relative harms to the applicant and respondent, as well as the interests of the public at large."

"There are several possible scenarios for the disposition of an application:

• A Justice may simply deny without comment or explanation.
  
  
• If a Justice acts alone to deny an application, a petitioner may renew the application to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application. In practice, renewed applications usually are referred to the full Court to avoid such a prolonged procedure.
  
  
• A Justice may call for a response from the oppo- sition before reaching a final decision. Such responses are usually due by a date and time certain. The Justice may grant an interim stay pending receipt of a response.
  
  • A Justice may grant. If an application is granted by an individual Justice, or if the full Court acts upon one, its disposition is indicated by a written or- der or sometimes, an opinion.
  
  An order granting an application will indicate how long the order will remain in effect—usually until the Court acts on the petition for writ of cer- tiorari. In fairly standard language, the order will often go on to state that if the petition is denied, the stay will automatically terminate, but if the Court grants full review, the stay will re- main in effect until the Court hands down a decision on the merits and the mandate or judgment is issued.

• If a Circuit Justice, acting alone, grants an application, the other side may file a motion
the full Court to vacate that Justice’s stay. As a practical matter, these are rarely, if ever,
granted. "

 

[PatsBoy12]

The Court released one "Opinion" this morning (7/7), but no "Summary Orders" have been posted, at least as of 10:05 AM.

Thanks, 74.

 

[KDPPatsfan85]

The Court released one "Opinion" this morning (7/7), but no "Summary Orders" have been posted, at least as of 10:05 AM.

Is this a good thing for brady or bad? Not sure what to make of this!