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McCann: Going to be a very tense hearing on Deflategate.


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If they are going to simply affirm the lower court's decision (as expected), they can quickly issue a very brief decision consisting of a few paragraphs. However, with the whole world watching, they are probably going to eloquently ramble on for many pages regardless of which way they ultimately decide.:rolleyes:

Right. They want to angle for the late Antonin Scalia's old job too.
 
Right. They want to angle for the late Antonin Scalia's old job too.
More than a joke. The NFL's case will be made by Paul Clement, Solicitor General during W's second term and on most observers' short list of potential nominees to replace Scalia if Trump somehow manages to beat HRC. So, yeah, if they're ruling on the arguments of a guy who might eventually be passing judgment on their own rulings, they will want to be sure that all the t's are dotted and all the i's are crossed. :)
 
More than a joke. The NFL's case will be made by Paul Clement, Solicitor General during W's second term and on most observers' short list of potential nominees to replace Scalia if Trump somehow manages to beat HRC. So, yeah, if they're ruling on the arguments of a guy who might eventually be passing judgment on their own rulings, they will want to be sure that all the t's are dotted and all the i's are crossed. :)

Oh I'm very serious....

Clement is absolutely in the running IMO.

Before Reagan nominated Scalia he was a US appeals judge in DC. So was Thomas and Ginsburg

Sotomayor was 2nd District CoA
Alito was 3rd Circuit CoA
Kagan was an SG
Breyer 1st Circuit CoA
Kennedy was 9th Circuit CoA
 


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does it really matter? any sane judge could see that this whole thing is a sham...

It's no longer about Brady, now it's about corporate rights vs worker rights. If Brady draws two anti worker judges he loses.
 
It's no longer about Brady, now it's about corporate rights vs worker rights. If Brady draws two anti worker judges he loses.

tomorrow might be a ****ty day then...

amazing that tom might be suspended over nothing. thanks robert
 
Hopefully this will be the end of this pathetic saga forever
 
Is Kessler doing the appeal for Brady? I know his name was on the appeals brief, but is doing the oral argument?
 
It's no longer about Brady, now it's about corporate rights vs worker rights. If Brady draws two anti worker judges he loses.

I don't think it's that simple. The judges are constrained by the facts of the case and the law.

Sure, there are situations where courts can get away with disregarding the law and facts and rule according to their biases but I don't think that this is one of them. First, if they're going to overturn a lower court decision, they going to have to come up with a legitimate reason for doing so. Second, this is a case of interest in both the legal community and the general public so the decision is going to be heavily analyzed.
 
Is Kessler doing the appeal for Brady? I know his name was on the appeals brief, but is doing the oral argument?


Steffen Johnson is Brady's appellate lawyer and he outs as good as they get. Kessler could not have found a better lawyer to handle this.
 
I don't think it's that simple. The judges are constrained by the facts of the case and the law.

Sure, there are situations where courts can get away with disregarding the law and facts and rule according to their biases but I don't think that this is one of them. First, if they're going to overturn a lower court decision, they going to have to come up with a legitimate reason for doing so. Second, this is a case of interest in both the legal community and the general public so the decision is going to be heavily analyzed.

How they interpret the law is heavily influenced by their ideology. Most judges already have their philosophy of the law well defined by this point in their careers, that's why there are so many political battles over their appointments to higher benches. Once the 3 judges are named we will be able to review how they have ruled on the prior labor cases they have heard and should have a sense how they will lean on this. Nothing is ever in stone when it comes to these hearings but we should still have a decent idea.
 
How they interpret the law is heavily influenced by their ideology. Most judges already have their philosophy of the law well defined by this point in their careers, that's why there are so many political battles over their appointments to higher benches. Once the 3 judges are named we will be able to review how they have ruled on the prior labor cases they have heard and should have a sense how they will lean on this. Nothing is ever in stone when it comes to these hearings but we should still have a decent idea.

Any idea as to when they are announcing the panel?
 
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