“I am troubled by the Commissioner’s decision to uphold the unprecedented four-game suspension,” Katzmann said. “The Commissioner failed to even consider a highly relevant alternative penalty.”
The NFL released a statement Monday praising the actions of the court.
“We are pleased the United States Court of Appeals for the Second Circuit ruled today that the Commissioner properly exercised his authority under the collective bargaining agreement to act in cases involving the integrity of the game,” the league said in a statement. “That authority has been recognized by many courts and has been expressly incorporated into every collective bargaining agreement between the NFL and NFLPA for the past 40 years.”
The players association, however, expressed disappointment in the ruling, and said it will begin the process of reviewing the available remaining options.
We fought Roger Goodell’s suspension of Tom Brady because we know he did not serve as a fair arbitrator and that players’ rights were violated under our collective bargaining agreement,” the NFLPA said.
Brady is still unwilling to accept the suspension, and has begun exploring further legal options with his attorneys, according to ESPN’s Adam Schefter.
The NFLPA and Brady can petition for a re-hearing in front of the same panel then the entire 2nd Circuit Court or take their appeal to the U.S. Supreme Court. The NFL has the option to enforce the full suspension or attempt to reach a settlement with Brady and the players association.