Trying to predict court outcomes during the Deflategate saga has been next to impossible, even for lawyers. On Wednesday, after it was ruled by the Second Circuit Court of Appeals that Patriots quarterback Tom Brady will not be allowed a rehearing the so-called experts weighed in again.
Appellate lawyer Raffi Melkonian told WEEI's Ordway, Merloni and Fauria that the chances of Brady getting his case heard by the Supreme Cout were not great. Sports law attorney Daniel Wallach, who spoke with 98.5 The Sports Hub, painted a rosier picture but also expressed some doubt that Brady's case would actually be heard by the Supreme Court. Brady's team will almost surely ask for a "stay" of the suspension, and if he is granted that he could still play in Weeks 1, 2, 3 and 4.
“They’re going to have to go and ask for a stay because right now, the suspension is on,” Melkonian told WEEI. “There’s nothing stopping the suspension, so if no one stays it, Tom Brady is out for the first four games. They have to first go to the second circuit and ask for a stay, in other words they’ll ask the court to stay it’s own judgment, probably that will be denied, but you never know. Then they go ask the Supreme Court for a stay, they’ll ask the court to stay the Second Circuits judgment while the Supreme Court decides whether to hear the case. That stay application would first go to Ruth Bader Ginsberg because she is the Justice that covers the second circuit. If she decides to refer it to her colleagues, she’ll ask the whole court to think about it, then it might go to the whole court. Those are really hard to get, the chances of getting that stay aren’t terrific.”
Wallach was of the opinion that Brady's initial wish, at least, will be granted.
“I’ll go on record today,” Wallach said. “I think Brady will likely play in Weeks 1, 2, 3 and 4, not because the 2nd Circuit will stay the decision, but because Justice Ginsburg will likely stay the decision.
“Once he loses four games off 2016, it doesn’t matter what happens at the Supreme Court afterwards. He could win big, but he’ll never be able to recapture the lost games. And that is his most compelling argument for a stay, and I think it’s one that’s going to be received favorably by Justice [Ruth Bader] Ginsburg.