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Andy that was a very eloquent and well thought out statement of the NFL's side of this case. But I think you miss the key point on Brady's side of the case. The PA doesn't have a problem with inherent conflict of interest with the fact the commissioner is both the judge AND the arbitor of appeal. Nor should it ever be expected that there is a real likelihood that the arbiter would ever overrule Judge in any world where reality exists.=
It is ludicrous to think that in any way the union believed that the commissioner would serve as both discipliner and arbitrator on the same issue. Him having both roles was never intended to overlap. No other commissioner ever considered that they could do that.
But the beauty of the Brady case is that even though both parties agreed to this egregiously one sided relationship. They also agreed to certain procedures and policies that would at LEAST maintain the "appearance" of fairness and that the arbiter would abide by certain structural policies that would ensure them meeting that goal. Yet in their delusional egomania, the NFL and Goodell failed to meet even THAT exceedingly low bar of "fairness" And the specifics like not letting Brady cross Pash, have been well documented in many threads, so I won't waste your time.
I also know that while the Judge is not supposed to consider the irrationality of whether anything happened in the first place or the bad science and leaks that led to the suspension, I doubt he can ignore it either. He just can't use it when be justifies his ruling....but it doesn't stop him from mentioning it as an aside.
However DESPITE the NFL's attempt at intimidation with this filing, there is (IMHO) more than enough SPECIFIC mistakes with the arbitration process itself for the Judge to vacate the suspension. In the end Goodell violated his trust according to the CBA to at least APPEAR to be a fair arbiter with specific documented acts and deeds.
Now what the appeals court will decide on this is another story for another thread
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