The 8th Circuit has ruled in favor of the NFL, against Adrian Peterson.
“The power of the NFL commissioner strengthens as 8th Circuit determines ‘fundamental fairness’ is subordinate to collective bargaining,” tweeted legal expert Warren K. Zola on the decision. So not only does Goodell have virtually unlimited power in his disciplinary actions, he doesn’t even need to be fair about it anymore. With anything.
The ruling hurt the NFLPA in their fight to bring Tom Brady’s case to the Supreme Court, due to the circuits collectively ruling in favor of the NFL with no split decision, but did little to affect Peterson’s status beyond money. The worst part, of course, is the ominous precedent now set with Goodell’s iron fist becoming more powerful than ever.
It is just inconceivable to me. When the NFLPA negotiated the CBA with the NFL, and agreed that the commissioner had certain authority, it was understood that the commissioner would act as someone at least kinda sorta remotely interested in fairness. In a fair and reasonable process. Tagliabue was fair and reasonable. It's kind of like our Constitution granting the US Supreme Court the power to rule on the constitutionality of laws; the assumption is that they will seek what is fair and right according to the Constitution. The system was never intended for SCOTUS to decide cases, say, by throwing darts at a board, or by simply liking the color of one lawyer's tie over the other. There are certain assumptions built into any system, including the court system that these judges rule in.
The assumption of the NFL CBA is that the commissioner will be fair and unbiased. The very notion that the NFLPA was agreeing that a commissioner could literally make stuff up, be the active prosecutor, and then rule on the case, and then serve as the appeals court while denying the "defendant" (i.e., the player) equal access to all the information (not allowing them to talk to Pash, for example) was something that the NFLPA never even considered could be possible. Such a notion was so far beyond the pale that it was inconceivable that someone in charge of the sport would act that way. Moreover, it was assumed that, because there are rules and actual penalties laid out in the rules for infractions (i.e., tampering with a football comes with a $25,000 fine, excessive vulgar language comes with a certain fine, etc.), that a commissioner would be obligated to assess penalties as they are laid out in the rules.
It was never assumed by any party that the CBA allows the commissioner to suspend someone four games for *possibly* violating a rule that calls for a $25,000 fine. And let's remember that the NFL argued before the court that they were actually planning on issuing an EIGHT game suspension until they decided to go with the four game penalty. So seriously, for having a "general awareness" of something that *may* have happened, a penalty which the NFL rules themselves call for a $25,000 fine, Goodell was planning on issuing an EIGHT GAME SUSPENSION for Brady.
And according to the two recent cases (Brady and Peterson), Goodell could indeed have done just that.
Think about that, ladies and gentlemen.
Roger Goodell, thanks to two US Courts of Appeal, literally can issue ANY penalty he wants, for ANY infraction - real or imagined. And the courts just said he has the right to do that.
“The power of the NFL commissioner strengthens as 8th Circuit determines ‘fundamental fairness’ is subordinate to collective bargaining,” tweeted legal expert Warren K. Zola on the decision. So not only does Goodell have virtually unlimited power in his disciplinary actions, he doesn’t even need to be fair about it anymore. With anything.
The ruling hurt the NFLPA in their fight to bring Tom Brady’s case to the Supreme Court, due to the circuits collectively ruling in favor of the NFL with no split decision, but did little to affect Peterson’s status beyond money. The worst part, of course, is the ominous precedent now set with Goodell’s iron fist becoming more powerful than ever.
It is just inconceivable to me. When the NFLPA negotiated the CBA with the NFL, and agreed that the commissioner had certain authority, it was understood that the commissioner would act as someone at least kinda sorta remotely interested in fairness. In a fair and reasonable process. Tagliabue was fair and reasonable. It's kind of like our Constitution granting the US Supreme Court the power to rule on the constitutionality of laws; the assumption is that they will seek what is fair and right according to the Constitution. The system was never intended for SCOTUS to decide cases, say, by throwing darts at a board, or by simply liking the color of one lawyer's tie over the other. There are certain assumptions built into any system, including the court system that these judges rule in.
The assumption of the NFL CBA is that the commissioner will be fair and unbiased. The very notion that the NFLPA was agreeing that a commissioner could literally make stuff up, be the active prosecutor, and then rule on the case, and then serve as the appeals court while denying the "defendant" (i.e., the player) equal access to all the information (not allowing them to talk to Pash, for example) was something that the NFLPA never even considered could be possible. Such a notion was so far beyond the pale that it was inconceivable that someone in charge of the sport would act that way. Moreover, it was assumed that, because there are rules and actual penalties laid out in the rules for infractions (i.e., tampering with a football comes with a $25,000 fine, excessive vulgar language comes with a certain fine, etc.), that a commissioner would be obligated to assess penalties as they are laid out in the rules.
It was never assumed by any party that the CBA allows the commissioner to suspend someone four games for *possibly* violating a rule that calls for a $25,000 fine. And let's remember that the NFL argued before the court that they were actually planning on issuing an EIGHT game suspension until they decided to go with the four game penalty. So seriously, for having a "general awareness" of something that *may* have happened, a penalty which the NFL rules themselves call for a $25,000 fine, Goodell was planning on issuing an EIGHT GAME SUSPENSION for Brady.
And according to the two recent cases (Brady and Peterson), Goodell could indeed have done just that.
Think about that, ladies and gentlemen.
Roger Goodell, thanks to two US Courts of Appeal, literally can issue ANY penalty he wants, for ANY infraction - real or imagined. And the courts just said he has the right to do that.
