Disagree.
The entire key to this whole thing, which for whatever reason has been glossed over, is for Olson to get the NFL back to answering for the Wells Report itself.
If he prevails in an en banc proceeding, there are a range of possibilities, one of which could include remanding the case to Judge Berman to address the issues related to whether Goodell had indeed dispensed "his own brand of industrial justice." The Supreme Court was very clear in the Steelworkers decision that that would require showing the Goodell had not acted in a manner consistent with the "essence" of the CBA. A pattern of lies and deceit would establish that. But, getting to that point is a big hurdle.
Goodell's entire premise for leaning on the "absolute power" line, which is true, is being propped up against a series of lies, 56 to be exact. That is the source of why he is ruling the way he is, but if what he is ruling on is a falsified document and not independent, it cannot stand.
If he was ruling on a document with inaccurate information, Garvey says that his ruling would still stand. If it can be shown that the document was the result of deceptive processes, then the Steelworkers precednet would be decisive and Goodell could be found to have dispensed "his own brand of industrial justice."
Katzmann also cited this along with Berman.
Berman, the Chief 2nd Circiut Judge ruled in favor of Brady. Ginsburg is Berman's boss, so to speak. So, do the math.
Ginsberg's only standing in relation to any SDNY or CA2 judge is that she can grant an emergency stay, if it is requested. Otherwise, she has to go to the entire court. She is nobody's boss (except for her Clerks) and would be amused to hear that someone thought she was.
Berman ruled in favor of Brady based on he idea the Wells Report made no sense.
Get it?
No, Berman said things that suggested he didn't think the Wells Report was truly independent, referring to it as the "Pash Wells Report" in his ruling, but he ruled in favor of Brady based on three narrow points: Notice, access to Pash and access to relevant documents.
The only reason the narrative shifted to "it doesn't matter what Berman says, I can lie and frame and do what I want, I have the power", is because Goodel thinks that trumps American law, when it doesn;t.
No, Goodell has argued that even if the evidence is wrong, he can still find as he did. The Garvey precedent clearly agrees with him on this. The question is whether he acted in a way that was inconsistent with the "essence" of the CBA through a pattern of lies and deceit.
....
I guess if you're Lester Munson or some other bozo at ESPN, you think this is about only Goebbels's absolute powers, when in reality, it's about how Goodell has been caught lying numerous times to federal judges.
There you are right. But, Olson has to convince a majority of the Court of Appeals for the Second Circuit thereof in an en banc proceeding if it is to be of any help to Brady.
Doty, Jones and now Berman (and Chin/Parker), the latter 2 will go silent after being paid off. So, Sheriff Goebbels has lied to at least 3 federal judges, which I am sure Ginsburg doesn't like.
Doty isn't as important now as is the Court of Appeals. If CA8 finds in favor of Peterson and if CA2 persists in finding in favor of the NFL, then there is a better, but still slim, chance that SCOTUS will hear Brady's case because there would be a split between two District Appeals Courts.
Again, if an en banc hearing is granted, Olson has to convince the Appeals Court that Goodell has been deceptive and as a result either have Berman's ruling upheld or remanded back to Berman.
Please stop with this nonsense about Payoffs. It detracts from the valid points you are making.
None of us know what Justice Ginsberg might or might not be thinking. She will be one of (hopefully) nine judges. There is little likelihood that SCOTUS will take the case unless there is a split between the two Courts of Appeal. And even then it is a slim chance because of the strength of the Garvey precedent. In other words, if the Second District Appeals court finds against Brady en banc, there is little chance that five Justices will agree to hear the case.
This isn't about dreaming. This is about Brady having the leverage and Goodell's stupidity and hubris.
