The appeal on the punishment handed down on the Tom Brady #Deflategate matter is on the 2nd Circuit Court of Appeals docket for today though we are hearing conflicting information on whether it is the only matter to be heard. Andrew Brandt reporting for Sports Illustrated indicates there are no other cases on the docket. We were advised there were five and Brady was third. In any event, the case is set to be heard before a panel of three judges in the 2nd Circuit Court of Appeals in New York City.
The three panel judge selection is allegedly the process of random selection (there have been some challenges to the notion of random selection). No new testimony is taken and the appeal is heard on the record below unless a party petitions the court to enter new information. The panel will hear arguments from both sides (this is commonly referred to as oral argument). The right to appeal at this level is automatic and the court is obligated to take any timely appeal.
Oral arguments are typically reserved for 15 minutes per side though this can go longer with questioning from the panel. The appellant, the person who filed the appeal, can reserve time for rebuttal. The appellate court does not rule from the bench but will issue a memorandum opinion at a later date. The opinion can be unanimous but any judge can also file concurring or dissenting opinions. The majority opinion rules.
Once the panel issues its decision either side has the option to petition for a rehearing to appeal the matter to the original panel, or to request the case be heard en banc which is before the full panel of the 2nd Circuit. The court itself can order a Petition for Rehearing be heard before the full panel (en banc). Pending resolution of all appeals before the 2nd Circuit, the final appeal would be to the Supreme Court.
The Supreme Court simply cannot take every case petitioned for appeal. The Supremes vote on which cases will appear before it and generally speaking less than 100 cases are allowed per term. The process can be started by either party through what is called a Writ of Certiorari. If accepted, the case will be set for the next term with briefs filed by the parties as well as amicus curae briefs allowed by interested parties. The case will be heard via oral argument as well.
UPDATE:
It does appear the hearing is proceeding this afternoon. We will update you with further information.
Once the matter has been heard, we will update you with any further information. Stay tuned to Pro Player Insiders for futher updates and you can follow Sharona on twitter at @SportsBySharona and on Instagram at @sharonasports.
