Fooch’s note: The NFLPA issued a statement regarding Brady’s decision. It sounds like they will consider an appeal without him.
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. 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.
And just like that, Deflategate is over. New England Patriots quarterback Tom Brady announced on Facebook this morning that he will not appeal his case to the Supreme Court.
Brady had filed suit and after winning at the district court level, he lost in the Court of Appeals. He appealed from that three-judge panel, hoping the Second Circuit would afford him an en banc hearing. They denied that, leaving the Supreme Court as his only remaining option. The Supreme Court option would drag into the season and potentially behind, and it seems like he would rather just move past it at this point.
And so, Brady will sit out the first four games of the season. That means Jimmy Garoppolo will face the Arizona Cardinals on the road, and then the Miami Dolphins, Houston Texans, and Buffalo Bills at home. Brady would be eligible to return in Week 5 on the road against the Cleveland Browns.
Although DeflateGate is over, one has to wonder what this means for five years from now when the NFLPA and NFL and negotiating a new collective bargaining agreement. The players association is going to push on changing commissioner discipline. Given the anger Patriots owner Bob Kraft has about the commissioner’s discipline on this matter, could things change without too much push-back from the owners? Or will they still try and hold onto the chip to get some other concession from the players?