Actually I think the notion that the NFL is openly and blatantly "fixing" games could very well be at the heart of the matter. Government has stepped in before as the FBI did with the NBA fixing games (though amazingly some have short memories of major league sports fixing games).
I've worked for the judiciary including with many Supreme Court Justices, and although I'm not a lawyer I have pretty good understanding of issues that go into an Appellate decision - so I consider my opinion as valid as any of the other "experts" out there.
The Supremes or any Appellate Judge will tell you all judges HATE to be overturned - they like to "get it right" though certainly have their own views of justice... at times they will allow the word of law to win the day - effectively admonishing the law makers to make their laws more specific sending them "back to the drawing board" as it were so as not to provide too much gray area, as Judges know they need to interpret but that the laws also should be clearly defined.
There are times however when despite there being a need to address a poorly written law, that appellate judges will want to rise above the WORD of law and focus on the SPIRIT - more specifically to enusre that "Justice" is served.
These three judges already decided the case in a 2-1 margin. They (supposedly) knew the case and made their decision based upon the word of law. If 2 of them were truly convinced that their position was the right one, this would have been decided quickly.
It has not been. They have received many briefs - none of which they need read (though their clerks certainly did - and recommended certain ones to the Judges) - though in this case there are some BIG names - and BIG implications to their 2-1 decision - that they can't ignore and we KNOW the judges had to have read them.
After spending all this time - considering the Physicist brief stating that the evidence exonerates Brady - and reading other briefs from the AFL-CIO and other MAJOR legal experts that factually show Goodell to have been boldly and blatantly unfair - I don't see how they will allow their ruling to stand as is
The only question to me is WHAT they do - re-hear it themselves and hold the NFL's feet to the fire on their version of the truth? Send it back to Berman and possibly release notes to allow the "truth" to come to light. Or another route similarly designed to allow the spotlight of justice to shine on the NFL - because ultimately - though they often need to be reminded - "justice" is their job - not simply "the law"
My boldest prediction yet? A decision will be announced this week.
They will want this OFF their dockets (at least temporarilly) before the holiday weekend and it's already well past the time for a simple decision to re-hear or recommend en-banc
It could be as early as today - but my expectation is that it will happen by Friday
Let's see how much of an "expert" I truly am now!
-
