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

FWIW, @RMFifthCircuit and @IanPGunn both think the continuing wait points more and more strongly to denial + dissental.

JarOfMayo51 said:

Thats a real dangerous game though, because if they wait a long time and then they officially deny the en banc, the Patriots could be pushing into the playoffs or be in the playoffs and Goodell would love nothing more than a chance to bench Brady with a suspension for their playoff run, especially if the Jets are in the race

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It would be interesting to see the NFL season tampered with in this fashion.

Playing with fire.

QuantumMechanic said:

FWIW, @RMFifthCircuit and @IanPGunn both think the continuing wait points more and more strongly to denial + dissental.

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What exactly does this mean? Dissental

slash83 said:

What exactly does this mean? Dissental

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I think they are probably just giving one of the judges time to write up a dissent before releasing the denial order to the public.

Is there any other possible outcome here? Or are we all pretty sure Tom is going to be screwed? Because, I'm sorry, I just can't believe that the Supreme Court will take this case. It just doesn't feel like it.

I am baffled that in our country someone could decide to suspend someone for no other reason, and federal judges agreed with it. It disgusts me.

slash83 said:

What exactly does this mean? Dissental

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I believe it means, that when the court as a whole is officially refusing to retry a case, specific judges are allowed to "dissent" with an opinion piece on why they personally believe the court should hear it.

I'm not sure if part of the dissental is them having an informal ruling on the case itself.

I did read that these dissentals are respected enough that the Supreme Court often(?) takes them into consideration when considering whether to take on a case themselves.

TommyBrady12 said:

I think they are probably just giving one of the judges time to write up a dissent before releasing the denial order to the public.

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That sucks.

blackglass3 said:

Is there any other possible outcome here? Or are we all pretty sure Tom is going to be screwed? Because, I'm sorry, I just can't believe that the Supreme Court will take this case. It just doesn't feel like it.

I am baffled that in our country someone could decide to suspend someone for no other reason, and federal judges agreed with it. It disgusts me.

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I agree that this is a railroading. The thing is, however, if the line up of judges looked at it and didn't see the words to provide a path for Brady's fight, maybe this is on and a wakeup call for the NFLPA to think hard before giving one man this kind of power. While we all know they do it, it isn't supposed to be on judges to make up the words, it's on the NFLPA to make sure a contract doesn't say "Roger Goodell can do WTF he wants --> sign here" and allow this slime to go to court, wave this contract around and have even a modicum of a case.

slash83 said:

What exactly does this mean? Dissental

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"dissental" seems to be the term used for "dissent from the denial of en banc review".

So it's one or more judges writing an opinion to explain why they disagree with the majority's decision to deny review.

blackglass3 said:

Is there any other possible outcome here? Or are we all pretty sure Tom is going to be screwed? Because, I'm sorry, I just can't believe that the Supreme Court will take this case. It just doesn't feel like it.

I am baffled that in our country someone could decide to suspend someone for no other reason, and federal judges agreed with it. It disgusts me.

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Also, you can lie and makes stuff up to federal judges, and they will believe it. Anything goes. Federal coin-flippers.

blackglass3 said:

I am baffled that in our country someone could decide to suspend someone for no other reason, and federal judges agreed with it. It disgusts me.

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It would be disgusting indeed. But injustice is prevalent. Consider that the judicial system watched and nodded as a handful of Wall Street executives invented a bogus instrument, mislead the public into investing billions in it, collapsed the entire economy, then collected millions in bonuses and drove off in their limos to their mansions in the Hamptons.
9 Wall Street Execs Who Cashed In on the Crisis

If it makes anyone feel any better, all the experts were predicting CA2 to respond by now and they were wrong. Now they are predicting a denial of en banc

it was always a long shot

tom is screwed.

Some of you are beacons of positivity

cmasspatsfan said:

Some of you are beacons of positivity

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I'm convinced gronkowski123 keeps a loaded gun In his mouth at all times, one of these days he will trip and it will go off.

I'm uneducated on how this process all works but it seems odd that this is taking as long as it has.

My understanding is that some en banc requests are denied immediately. Some have taken time.

My belief is that it seems to me the longer this goes without word, the more likely that TB12 will get a hearing as there may be much debate among the judges.

I'm assuming that they also are aware that if denied an en banc, TB12 is going to SCOTUS. Not sure how that is factoring into their votes, opinions (upholding or dissenting).

robertweathers said:

I'm uneducated on how this process all works but it seems odd that this is taking as long as it has.

My understanding is that some en banc requests are denied immediately. Some have taken time.

My belief is that it seems to me the longer this goes without word, the more likely that TB12 will get a hearing as there may be much debate among the judges.

I'm assuming that they also are aware that if denied an en banc, TB12 is going to SCOTUS. Not sure how that is factoring into their votes, opinions (upholding or dissenting).

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The Supremes aren't looking for any extra work right now they are basically just kicking stuff back to the lower courts and piling up ties that uphold lower court rulings. Much as I would love it I don't see them taking the Brady case unless there is clear conflict with the Peterson decision, and even them they may not take it.

I'm going to be honest. I'm not surprised at all about how long it is taking. We have to remember that there are still other cases on their docket. Ones that are starting. Ones that are finishing. Ones that they are making decisions on.

Furthermore, if this has taught us anything, Judges, in general, do not like to be predictable. So, sit back, relax, and enjoy the weather..

It doesn't matter to me which way this goes. I'll still be dumping the NYJFL as soon as Brady leaves. In a way I almost can't wait. I don't enjoy the games anywhere near as much as I used to in the past.

1960Pats said:

It doesn't matter to me which way this goes. I'll still be dumping the NYJFL as soon as Brady leaves. In a way I almost can't wait. I don't enjoy the games anywhere near as much as I used to in the past.

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Can't agree more. Instead of enjoying the game when I watch, I find myself looking for examples where the league can be manipulating the outcomes. If I stay a fan of this league much longer I will have to have a tinhat made for me. ....and the paranoia grows.

But like they say, "it ain't paranoia, if it's true."