Tom Brady Announces He's Dropping DeflateGate Appeal, Will Serve Suspension
BOSTON (CBS) -- It's all over. Tom Brady is dropping the fight.
The Patriots quarterback announced via Facebook on Friday that he will drop his appeal of the four-game suspension issued to him over DeflateGate, thus putting an end to a lengthy legal battle.
The news means that Brady will not play in the Patriots' first four games of the upcoming 2016 NFL season. He will be eligible to return to the team Monday, Oct. 3, in preparation for the Patriots' game against the Cleveland Browns.
The punishment was issued by Roger Goodell for Brady's alleged participation in an alleged scheme to take air out of footballs prior to the AFC Championship Game in Foxboro in January 2015. Goodell relied on the investigation led by Ted Wells and the science conducted by Exponent to reach his conclusion. Though the independence of Wells and the veracity of Exponent came under great scrutiny, Goodell decided to uphold his own decision after serving as the arbitrator in Brady's NFL appeal hearing.
READ: What You Need To Know About Brady's Suspension
Brady and the NFLPA took the case to court, filing in the state of Minnesota, but the NFL beat them to the punch by filing in New York City. There, the case was assigned to Judge Richard Berman in the U.S. District Court, where he ruled decisively in favor of Brady and the NFLPA and vacated the suspension.
However, the NFL appealed that decision to the Second Circuit, where a split decision reversed Berman's ruling and reinstated the four-game suspension.
Brady then hired attorney Ted Olson, known for his experience arguing before the Supreme Court, to his team, presumably to lead the case to the next step of the process. First, Brady's side requested an en banc rehearing at the Second Circuit. After two months, the Second Circuit denied that request this week.
With the option to petition for a stay of suspension from the Second Circuit and then from the Supreme Court, Brady has instead decided to drop the legal battle.
"It has been a challenging 18 months and I have made the difficult decision to no longer proceed with the legal process," Brady wrote on his Facebook page. "I'm going to work hard to be the best player I can be for the New England Patriots and I look forward to having the opportunity to return to the field this fall."
The Patriots will open the season on Sunday, Sept. 11 at Arizona, presumably with Jimmy Garoppolo under center.
Brady will be suspended for the first four games without pay. He will be allowed to participate in all preseason practices and games, but as of Sept. 3, he will not be allowed to have contact with the team. H ecan return to the active roster on Monday, Oct. 3.
The NFLPA released a statement, which said that the decision was largely made to remove the uncertainty for Brady and the Patriots in the 2016 season.
The union also said that it may continue to pursue the case.
"After careful consideration and discussion with Tom Brady, the NFLPA will not be seeking a stay of the four game suspension with the 2nd Circuit," the NFLPA statement said. "This decision was made in the interest of certainty and planning for Tom prior to the New England Patriots season. We will continue to review all of our options and we reserve our rights to petition for cert to the Supreme Court."