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


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I'm not sure if Brady cares about how the public outside of NE views him at all, but if he does, he really needs to think pretty hard about whether or not to take this to SCOTUS (if needed).

Right now, the overwhelming majority of football fans in the country aren't paying attention and really don't care how this turns out. But if this goes to SCOTUS, that's a whole 'nother level. Football fans and non fans will all be paying attention.

And potentially (most likely in my opinion) be pretty freakin' pissed a case about deflated footballs (which is how most would see it) and a CBA agreed to by complete idiots, would be competing for time with other cases having to do with issues like abortion, immigration/deportation, LGBT rights, and so on...

Not saying he absolutely shouldn't do it, but he just better consider the consequences. If he does go through with it, at bare minimum he better have one heck of a PR team explaining his (or the broader) case to those outside NE.

I know most of you think he should do it. But trust me, I don't know a single person who thinks SCOTUS should spend a single second of their time on this.

Hopefully it doesn't even matter and Brady gets his appeal now. Guess we'll see soon enough.
I don't think Brady cares what people outside New England think of him. Thanks to Goodell, he is now known as a cheater and that is not going to change. And this is about more than deflated footballs-If people choose to remain uneduacted about the wider ramifications then that is their problem.
 
I'm not sure if Brady cares about how the public outside of NE views him at all, but if he does, he really needs to think pretty hard about whether or not to take this to SCOTUS (if needed).

Right now, the overwhelming majority of football fans in the country aren't paying attention and really don't care how this turns out. But if this goes to SCOTUS, that's a whole 'nother level. Football fans and non fans will all be paying attention.

And potentially (most likely in my opinion) be pretty freakin' pissed a case about deflated footballs (which is how most would see it) and a CBA agreed to by complete idiots, would be competing for time with other cases having to do with issues like abortion, immigration/deportation, LGBT rights, and so on...

Not saying he absolutely shouldn't do it, but he just better consider the consequences. If he does go through with it, at bare minimum he better have one heck of a PR team explaining his (or the broader) case to those outside NE.

I know most of you think he should do it. But trust me, I don't know a single person who thinks SCOTUS should spend a single second of their time on this.

Hopefully it doesn't even matter and Brady gets his appeal now. Guess we'll see soon enough.

Would you think the same if the NFL pursues to SCOTUS (if Brady wins at this level)?

The man is getting railroaded, of course he will pursue every avenue available to him, and most people tend to agree that people should advance their civil rights as far as they can. "I am being unjustly convicted" is clearly a persuasive argument.

If SCOTUS agrees with you, cert will be denied anyway; if they agree that this is important enough to be heard, why should that pose a problem?
 
Having the likes of Ted Olson on his team tells me the decision has probably already been made to press on if the en banc referral is denied. Could be wrong though.

Personally I think he has a lot to gain PR wise from a defamation suit launched by either himself or the two equipment guys.

From what I read here, yeah you're probably right about the decision being made to take this to SCOTUS.

But no one really knows anything. Hell, if it allows him to play the whole season, selfishly I want him to do it. Then my 5th round keeper pick of Edelman will kick ass this season.
 
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I'm not sure if Brady cares about how the public outside of NE views him at all, but if he does, he really needs to think pretty hard about whether or not to take this to SCOTUS (if needed).

Right now, the overwhelming majority of football fans in the country aren't paying attention and really don't care how this turns out. But if this goes to SCOTUS, that's a whole 'nother level. Football fans and non fans will all be paying attention.

And potentially (most likely in my opinion) be pretty freakin' pissed a case about deflated footballs (which is how most would see it) and a CBA agreed to by complete idiots, would be competing for time with other cases having to do with issues like abortion, immigration/deportation, LGBT rights, and so on...

Not saying he absolutely shouldn't do it, but he just better consider the consequences. If he does go through with it, at bare minimum he better have one heck of a PR team explaining his (or the broader) case to those outside NE.

I know most of you think he should do it. But trust me, I don't know a single person who thinks SCOTUS should spend a single second of their time on this.

Hopefully it doesn't even matter and Brady gets his appeal now. Guess we'll see soon enough.

It's not just Tom taking the case to SCOTUS, it's the player's union. There are issues at stake for the players here and (as the AFL-CIO brief shows) implications for arbitration for all union members
 
I'm not sure if Brady cares about how the public outside of NE views him at all, but if he does, he really needs to think pretty hard about whether or not to take this to SCOTUS (if needed).

Right now, the overwhelming majority of football fans in the country aren't paying attention and really don't care how this turns out. But if this goes to SCOTUS, that's a whole 'nother level. Football fans and non fans will all be paying attention.

And potentially (most likely in my opinion) be pretty freakin' pissed a case about deflated footballs (which is how most would see it) and a CBA agreed to by complete idiots, would be competing for time with other cases having to do with issues like abortion, immigration/deportation, LGBT rights, and so on...

Not saying he absolutely shouldn't do it, but he just better consider the consequences. If he does go through with it, at bare minimum he better have one heck of a PR team explaining his (or the broader) case to those outside NE.

I know most of you think he should do it. But trust me, I don't know a single person who thinks SCOTUS should spend a single second of their time on this.

Hopefully it doesn't even matter and Brady gets his appeal now. Guess we'll see soon enough.


I disagree. The longer this thing has stayed on the front page the more ridiculous and maniacal Roger has looked.

Without any of the appeals we would have not have been gifted the release of the transcripts which gave Roger a nice little black eye. Without the appeals we would not have had numerous high profiled and well respected "experts" submitting briefs dismissing the science and process behind deflategate.

Maybe SCOTUS will toss up another gem or two.
 
Would you think the same if the NFL pursues to SCOTUS (if Brady wins at this level)?

The man is getting railroaded, of course he will pursue every avenue available to him, and most people tend to agree that people should advance their civil rights as far as they can. "I am being unjustly convicted" is clearly a persuasive argument.

If SCOTUS agrees with you, cert will be denied anyway; if they agree that this is important enough to be heard, why should that pose a problem?

Absolutely I'd think the same if the NFL went to SCOTUS. Again, to the general public every court not named the US Supreme Court doesn't mean squat. Most don't care or pay attention. SCOTUS is a much different scenario.

And right, if SCOTUS agrees with me, they'll deny it. Which I'd venture a very uneducated guess that they would deny it. However that's still Brady attempting to take it to SCOTUS and some of the public would see that as (can't find the right word...) conceeded/self-involved. Again, the same goes for the NFL if they were to go to SCOTUS.

You'd think if he does take it to SCOTUS, his team would figure there at least a decent chance of getting it heard. Otherwise, why risk the bad PR?
 
It's not just Tom taking the case to SCOTUS, it's the player's union. There are issues at stake for the players here and (as the AFL-CIO brief shows) implications for arbitration for all union members

I thought that, but do you think the union would proceed if Brady didn't want to?
 
Absolutely I'd think the same if the NFL went to SCOTUS. Again, to the general public every court not named the US Supreme Court doesn't mean squat. Most don't care or pay attention. SCOTUS is a much different scenario.

And right, if SCOTUS agrees with me, they'll deny it. Which I'd venture a very uneducated guess that they
would deny it. However that's still Brady attempting to take it to SCOTUS and some of the public would see that as (can't find the right word...) conceeded/self-involved. Again, the same goes for the NFL if they were to go to SCOTUS.

You'd think if he does take it to SCOTUS, his team would figure there at least a decent chance of getting it heard. Otherwise, why risk the bad PR?

Umm, how much worse PR can Brady receive than what this whole witch-hunt has already brought? Beyond that, if Roger gets away with this it essentially means the league office can do whatever they want to any player under Article 46. There is no way the NFLPA can give up on this fight.
 
Absolutely I'd think the same if the NFL went to SCOTUS. Again, to the general public every court not named the US Supreme Court doesn't mean squat. Most don't care or pay attention. SCOTUS is a much different scenario.

And right, if SCOTUS agrees with me, they'll deny it. Which I'd venture a very uneducated guess that they would deny it. However that's still Brady attempting to take it to SCOTUS and some of the public would see that as (can't find the right word...) conceeded/self-involved. Again, the same goes for the NFL if they were to go to SCOTUS.

You'd think if he does take it to SCOTUS, his team would figure there at least a decent chance of getting it heard. Otherwise, why risk the bad PR?
I think we are way past worrying about risking bad PR. There has been nothing but bad PR (Except for Berman) since January 2015.
 
I disagree. The longer this thing has stayed on the front page the more ridiculous and maniacal Roger has looked.

Without any of the appeals we would have not have been gifted the release of the transcripts which gave Roger a nice little black eye. Without the appeals we would not have had numerous high profiled and well respected "experts" submitting briefs dismissing the science and process behind deflategate.

Maybe SCOTUS will toss up another gem or two.

Perhaps. But just remember, outside of NE none of this is front (or back) page news. Occasionally mid-page blurb after a certain milestone is reached.

And not a single person is listening to anyone talk about IGL. Sorry, but just the way it is. Like if it was Russell Wilson involved with this, then yeah, Seattle fans would spend the time looking into it. But outside of it directly affecting your team?... people have other things to do. They assume the powers that be will come to the correct conclusion.

Now if this goes to SCOTUS, it will be big news.
 
Perhaps. But just remember, outside of NE none of this is front (or back) page news. Occasionally mid-page blurb after a certain milestone is reached.

And not a single person is listening to anyone talk about IGL. Sorry, but just the way it is. Like if it was Russell Wilson involved with this, then yeah, Seattle fans would spend the time looking into it. But outside of it directly affecting your team?... people have other things to do. They assume the powers that be will come to the correct conclusion.

Now if this goes to SCOTUS, it will be big news.

At this point it is not about the evidence (or lack thereof) of deflation, it is about the appeal process and arbitration. That is why the AFL-CIO filed a brief. The IGL is not really their gig. Arbitration fairness is.
 
Perhaps. But just remember, outside of NE none of this is front (or back) page news. Occasionally mid-page blurb after a certain milestone is reached.
You seem woefully unaware that this was the #1 news story (not sports news story - overall news story) for several weeks. Then every time something happens, it is the #1 sports story for a prolonged period of time.
 
Umm, how much worse PR can Brady receive than what this whole witch-hunt has already brought? Beyond that, if Roger gets away with this it essentially means the league office can do whatever they want to any player under Article 46. There is no way the NFLPA can give up on this fight.

Believe it or not, most don't really care much about this. Yes, as a whole, if you asked sports fans in this country this question...

Fill in the blank. The ____________ are the team most associated with cheating lately.

The most popular answer would be NE. BUT, if asked to name the top 5 QBs of all time, Brady is without a doubt one of the most common answers.

Hell 90% of people would have forgotten about deflategate already if all this court BS would've ended already.

Taking this to SCOTUS could potentially scar his reputation more than anything/everything before this.
 
. However that's still Brady attempting to take it to SCOTUS and some of the public would see that as (can't find the right word...) conceeded/self-involved. Again, the same goes for the NFL if they were to go to SCOTUS.

You think that Brady should surrender rather than pursue SCOTUS cert because to advance his civil rights might appear conceited to some?

Those same people would respond that to surrender is a tacit admission of guilt, as was heard nationwide when Kraft declined to appeal the team discipline.

I think Brady's reputation and legacy are at stake, that he did nothing, and, because he knows that he is wrongfully accused, he is clearly committed to fighting this BS all the way.
 
You think that Brady should surrender rather than pursue SCOTUS cert because to advance his civil rights might appear conceited to some?

Those same people would respond that to surrender is a tacit admission of guilt, as was heard nationwide when Kraft declined to appeal the team discipline.

I think Brady's reputation and legacy are at stake, that he did nothing, and, because he knows that he is wrongfully accused, he is clearly committed to fighting this BS all the way.

Well I'm not here to discuss whether or not cheating actually occurred. You guys have that covered.

I'm still trying to decide if I should use a keeper on Edelman. Gotta submit by Aug 1st.

So along those lines... I'm all for Brady appealing.

In terms of PR and legacy though, think he has much more to lose than gain here.

Like many have said, these proceedings aren't even about whether or not there was cheating. That's already been determined. This is about the CBA.

Would winning a case about the CBA and the NFL's authority, really help Brady's legacy?

I know taking this to SCOTUS and having a much, much larger portion of the country pay attention to this will certainly include the risk of hurting his legacy.
 
I know taking this to SCOTUS and having a much, much larger portion of the country pay attention to this will certainly include the risk of hurting his legacy.
How the hell could a "larger portion of the country" pay attention to this than already??!? Seriously, what planet are you living on???
 
How the hell could a "larger portion of the country" pay attention to this than already??!? Seriously, what planet are you living on???

I'm telling you, right now, most people do not care about this. I imagine in NE it's different from your responses, but seriously, the rest of the country outside of NE and sports radio doesn't give two $hits.

A SCOTUS case would be big news to everyone. Even people who don't know what a quarterback is.
 
I'm telling you, right now, most people do not care about this. I imagine in NE it's different from your responses, but seriously, the rest of the country outside of NE and sports radio doesn't give two $hits.

A SCOTUS case would be big news to everyone. Even people who don't know what a quarterback is.
No, it really wouldn't. The USSC has been issuing opinions all month and the only one that really generated any news was one on abortion.

If this case went to the Supreme Court, the same people talking about it now would be talking about it then, but it isn't going to draw any extra attention from people who don't care about football.
 
I know taking this to SCOTUS and having a much, much larger portion of the country pay attention to this will certainly include the risk of hurting his legacy.

Less so than four nationally televised games in which he is suspended because he declined to appeal further and therefore appeared to be guilty? Versus denying guilt and fighting as hard as he could?

Here, let me help you. You cannot use a keeper on a 30 year old dude with 21 career TD over 6 years, one season over 1000 yards, concussions, a foot problem, and lots of new competition.
 
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