SlowGettingUp
2nd Team Getting Their First Start
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So various commentators have suggested that Brady has about a 50:50 shot of being granted a stay by Justice Ginsburg - the key here is the concept of "irreparable injury" and the fact that Ginsburg is generally sympathetic to labor issues.
But the problem is what might happen next - the chances of the Supreme Court then granted cert. are not all that high here given no existing conflict between circuits. The Supreme Court has said it is not generally in the business of fixing "mistakes" (of facts or law) by lower courts. If cert. is denied, then there is a not unsubstantial chance of Brady having to serve his suspension midway through the season, unless he can first get a 60 day filing extension, which is "not favored."
Here is the timing for filing cert. - basically 90 days after final judgement:
Rule 13. Review on Certiorari: Time for Petitioning
It is unpredictable how long a cert. decision might take though - many are very quick, others not.
Here are two conflicting views, the first disagreeing with my take:
But the problem is what might happen next - the chances of the Supreme Court then granted cert. are not all that high here given no existing conflict between circuits. The Supreme Court has said it is not generally in the business of fixing "mistakes" (of facts or law) by lower courts. If cert. is denied, then there is a not unsubstantial chance of Brady having to serve his suspension midway through the season, unless he can first get a 60 day filing extension, which is "not favored."
Here is the timing for filing cert. - basically 90 days after final judgement:
Rule 13. Review on Certiorari: Time for Petitioning
It is unpredictable how long a cert. decision might take though - many are very quick, others not.
Here are two conflicting views, the first disagreeing with my take:
I don’t think Patriot fans have anything to worry about. I predict Justice Ginsburg will issue the stay, pushing any suspension into the 2017 season and allowing the Brady Bunch to make one more run at an NFL Championship and one more attempt at reversing Goodell.
Sports Law Blog
This one supports my concern:
Tom Brady, Bill Belichick could have different opinions about continuing to fight suspension
Sports Law Blog
This one supports my concern:
Tom Brady, Bill Belichick could have different opinions about continuing to fight suspension
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