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Thursday, July 14, 2016
 
One Last Gasp


If you are old enough to remember Johnny Carson, you can picture him as Carnac the Magnificent holding an envelope to his forehead saying: “Tom Brady, Ruth Bader Ginsburg, and Donald Trump.” After Ed repeats the unlikely threesome, the audience starts laughing because in what universe could these three be mentioned in the same sentence?

Welcome to the world of Deflategate, the Super Bowl of Sports Law, the never-ending litigation that shattered the myth that arbitrations were just as fair as court hearings but were speedier because they ensured finality.
            
Now that the Second Circuit has denied the Petition for Rehearing filed by the NFLPA and Brady, the only recourse is a Petition for Certiorari to the Supreme Court. But since the season starts September 8th, the case would be moot if Brady has to serve his four game suspension. The obvious next play is to ask the Court for a stay pending this Hail Mary pass for one last hearing. The Court, however, is in recess, so the Petition for Stay goes to the Justice assigned to the Second Circuit, none other than the Notorious RBG, as she is affectionately known by her legions of fans.
            
Tom Terrific, as Brady is known by his own legions of equally rabid fans, has been rumored to be a Trump supporter, though the reasons for that support are unclear. And Justice Ginsberg, of course, has had a recent run in with The Donald, who responded in his inimitable fashion by calling for her resignation. This has led some Patriot fans to question whether Justice Ginsburg might hold his support for Trump against Brady in deciding the Petition for a Stay.
            
There. Did you catch that? Brady, Justice Ginsburg, and Trump all in the same sentence without too much of a stretch.
            
I don’t think Patriot fans have anything to worry about. I predict Justice Ginsburg will issue the stay, pushing any suspension into the 2017 season and allowing the Brady Bunch to make one more run at an NFL Championship and one more attempt at reversing Goodell.
          





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