Deflategate / by Jacqueline Parke

Deflategate...So this all boils down to the collective bargaining agreement (CBA) and the commissioner's powers under Article 46. 

The Court of Appeals gave great deference to the fact that the rights of players under the CBA were bargained for and accepted by the players' Union. This Court felt that Commissioner Goodell did not abuse the powers that by contract the Union had given to him. 

They reaffirmed the belief that when parties agree to binding arbitration, the Courts have no business meddling in the Arbitrator's decision, as long as the arbitrator was "even arguably construing or applying the contract and acting within the scope of his authority" and did not "ignore the plain language of the contract." 

They reused the "industrial justice" quote that Judge Berman originally used to overturn the decision. They found that Goodell did not impose his own brand of "industrial justice."

They told Brady and the players' Union that they have no one but themselves to blame for Goodell's decision. They negotiated this arbitration and disciplinary procedures into the CBA. The next bargaining session will be a lot more complicated. 

In the end, they addressed the issues that Judge Berman never explored and said those issues didn't support vacating Goodell's decision. 

So for now, all that remains is for Brady and his lawyers to seek a rehearing by the full panel of the Second Circuit. If that fails, then absent the US Supreme Court accepting review, it's over for Tom Brady and he will be suspended four games. 

The Court also said that Brady didn't do himself any favors by destroying his "old" cell phone right before the hearing with Commissioner Goodell. 

A big day for Commissioner Goodell and all of the Pats haters.