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16.10.2018 13:14
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So what does Tom Brady do now? The judges of the U.S. Court of Appeals for the 2nd Circuit in New York City on Wednesday refused to reconsider a 2-1 decision made on April 25 that reinstated his four-game suspension for his role in Deflategate. The decision raises questions about Bradys options and the effects of the decision on the coming NFL season. Here are some of the questions and their answers:What options does Brady have?Bradys only option is the U.S. Supreme Court. If he is to avoid the four-game suspension, he must somehow convince four of the eight justices on the nations highest court that his plight is worthy of their consideration. And then he would need to convince five of them that the 2-1 decision against Brady was wrong and must be reversed.What are Bradys chances in the Supreme Court?His chances are not good. But if Brady has any hope, its thanks to his and the NFL Players Associations decision to hire Ted Olson, one of the nations most successful and effective appellate lawyers. Olson led Bradys effort to obtain rehearing in the 2nd Circuit, and his arguments were clearly a rehearsal for the trip to the Supreme Court. If anyone can transform a dispute about air pressure in footballs into a legal issue worthy of Supreme Court consideration, it is Olson.So what will Olson argue?He will argue, as he argued in the rehearing effort, that the 2-1 ruling could lead to the destruction of labor arbitration, a pillar of the American economy that must be preserved and can be saved only by a decision for Brady and against commissioner Roger Goodell and the NFL. Brady and his team will say that, during the arbitration appeal process, Goodell unfairly moved the goalposts by punishing Brady not just for the original alleged crime (ball deflation), but by adding a second charge of misconduct stemming from Bradys refusal to cooperate with NFL investigators and his destruction of his cell phone. That ability to add charges mid-arbitration, Olson will say, sets a dangerous precedent. Olson will also argue that the NFL violated Bradys rights by refusing to give his lawyers access to the notes that NFL investigators took during the Wells investigation.Does all the hoopla around the case affect its odds of being heard?Its uncertain, but Bradys celebrity may be helpful in this quest. Even justices of the Supreme Court can be affected by the presence of the most recognizable player in the nations most popular sport.Can Brady and his lawyer stop the suspension while they appeal to the Supreme Court?Yes. Bradys legal team is likely to file what is known as an application for a stay. A stay would preserve Bradys right to play while the Supreme Court decides what to do with his case. The request for a stay can be filed anytime before the season begins Sept. 11. Under the rules of the Supreme Court, the request must include assertions that there is a reasonable probability that four justices will vote to accept the case for consideration, that there is a fair prospect that five justices will support Brady in the ultimate decision, and that irreparable harm will result if there is no stay. Its a stiff set of requirements, but it is far from impossible. Brady has already had more support from judges than most experts expected.Who decides whether to grant a stay to Brady?Its a two-step process. Bradys lawyers must first present their application to the Court of Appeals for the 2nd Circuit, according to William Baude, a law professor at the University of Chicago Law School who studies federal courts and who served as a clerk to John Roberts, the chief justice of the Supreme Court. The judges of this court, having already made their 2-1 decision against Brady and then refused his request for reconsideration, are unlikely to grant a stay.The next step is to apply to Justice Ruth Bader Ginsburg of the high court. She catches any requests for stays in cases that come to the high court from the 2nd Circuit Court of Appeals. She can decide the issue herself. She could quickly deny it, or she may ask the NFL for a response to Bradys application for a stay, an action that would be highly encouraging for Brady. Her decision would then be based on legal briefs submitted by Brady and by the NFL. There would be no hearing in open court. If Ginsburg senses that other justices want to be involved in the decision on the stay, she can refer the issue to the other seven justices. The justices are most collegial on these issues, says Jonathan Massey, a highly regarded appellate lawyer who is representing Ed OBannon in his attempt to obtain consideration from the Supreme Court in his case against the NCAA. They will not consider something alone if they know other justices are interested. If Ginsburg sends the case to the full court, Brady would need five votes to obtain the stay.Would this decision likely be made before the season begins?Yes, the justices make decisions on stays quickly and efficiently. Bradys lawyers will explain to the court that a decision on a stay must be made before Week 1, when the suspension begins, or else the case will be moot. The court makes these rulings expeditiously, attorney Massey said. They will know that they must rule before the first game.When would the justices decide on whether to hear the case?Bradys request for Supreme Court consideration, known as a petition for certiorari, must be filed by Oct. 11. The NFL must file its reply within 35 days of the filing of Bradys petition. A decision on whether to accept the case for consideration would then be likely around the end of the NFL regular season or after the first of the year.So is it possible that Bradys suspension could be stayed for now -- allowing him to play in Weeks 1-4 -- but if the court ultimately declines to hear his case, he could be forced to miss key games late in the season?It is possible, but unlikely. On a case as high-profile as this, Ginsburg is unlikely to issue a stay without the support of her colleagues. In other words, a stay points toward the Supreme Court likely agreeing to accept the case for a decision on all of the issues raised in the litigation.If the court does decide to take Bradys case, then, would he be able to play the whole season?Yes. Filing the necessary briefs, scheduling the oral arguments and preparing a decision with concurring opinions and dissents is a process that is likely to continue well into 2017. If Brady succeeds in obtaining a stay -- and then a decision to have his case heard -- he will succeed in playing the entire season while the nations highest tribunal ponders the air pressure of footballs. Chris McCullough Jersey . The team said Saturday that Lopez was hurt during its 121-120 overtime loss at Philadelphia on Friday. The Nets said they would issue another update next week after consultation with their doctors. Jason Smith Jersey . 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Under-pressure Wallabies coach Michael Cheika has moved on from attacking England coach Eddie Jones by turning his attentions to another former Randwick teammate: Glen Ella.Ella told the Daily Mail that Cheika would be having nightmares about losing again to Jones following the 3-0 series whitewash in Australia earlier this year.He also criticised his reaction to a New Zealand newspaper who portrayed him as a clown on its front cover.But Cheika, whos been in attack mode all week as the Wallabies build to a huge clash with England, appears to have had enough, especially after dreams of a grand slam were dashed 27-24 by Ireland in Dublin.Ella was part of Jones backroom team during the June series and although hes no longer part of the England set-up, Cheika didnt hold back when asked about his comments.Its funny, you know everyones up the front of the bus when theyve had a win, a guy like Glen in particular, Cheika said.Hes always up the front of the bus for a handout when hes had a win.But when its tough and youve got to run uphill, havent seen that bloke or havent seen a few of those blokes around.I dont think hes working with England anymore but any Aussie that would be supporting England against Australia, especially a guy that has played for the Wallabies, theres got to be a reason why.I dont know if hes bitter. Maybe they want to get us kicked out and have a job there, Im not sure.After his memorable end to 2015 when he took an unfancied side to thee World Cup final, Cheika is facing the first major test of his international coaching tenure.ddddddddddddDefeat at Twickenham would see him end the year with a record of six defeats and nine losses from 15 matches and he admits if he was to be sacked, he couldnt ever see a day when he would coach against Australia.Im upset about losing at the time of course, yeah, and then you get over it, he said.But for the year as a whole? I think weve improved and were going well and well stay working on our things and when the bigger tournaments come around well see if that plan worked out or not for both sides.If a person decides to do that (coach against Australia), thats OK.No one was saying anything bad when Eddie was coaching Japan. Youve got to keep that level. Its your approach to your old team. Each to their own.Despite the verbal sparring from the two coaches, Cheika said he respects Jones and said playing the media was all part of the veteran coachs plan.Hes just geeing up. I remember when he was coaching Queensland and they were 0-and-13 and they got beaten by 95 in South Africa, he said.There was a bit of grief for a day or two but then no one was pointing the finger at him forever.Hes respected for that by me as a former teammate of his and as a player. I think you saw when he was in Australia that he got a lot of respect. 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