Second Circuit Rejects Tom Brady's Request For En Banc Rehearing
BOSTON (CBS) -- Tom Brady's request for a rehearing at the U.S. Court of Appeals for the Second Circuit has been denied.
The court made the announcement on Wednesday.
"Appellees, National Football League Players Association and Tom Brady, filed a petition for panel rehearing, or, in the alternative, for rehearing en banc," the form stated. "The panel that determined the appeal has considered the request for panel rehearing, and the active members of the Court have considered the request for rehearing en banc.
"IT IS HEREBY ORDERED that the petition is denied."
The ruling ends Brady's and attorney Ted Olson's quest to have the panel of Second Circuit judges rehear arguments from each side before issuing a new ruling.
The win for the NFL keeps the Second Circuit ruling from April on record, the ruling in which judges Barrington Parker and Denny Chin afforded NFL commissioner Roger Goodell sweeping powers in issuing punishments and serving as arbitrator in appeals. The ruling also reinforced the four-game suspension on Brady, which had been previously vacated by District Judge Richard Berman.
Olson filed the request for rehearing on Brady's behalf on May 23. In it, Olson argued that Goodell's decision "runs roughshod over the rule of law" and argued that "Goodell's biased, agenda-driven, and self-approving 'appeal' ruling must be vacated." Olson and Brady needed a majority of the 13 judges on the Second Circuit to rule in favor of a rehearing, but the latest news shows them coming up short in that endeavor.
For Brady and Olson, the next course of action likely will entail requesting a stay of suspension with the Second Circuit while the side works on a petition to the Supreme Court to hear the case. If the Second Circuit denies the request, then Olson could file a similar request with the Supreme Court. If the stay is granted, Brady will not have to hear the suspension until the case is either heard or rejected by the Supreme Court. If it's denied, Brady may be out of options.
