Brady To Appeal Four-Game Suspension

FOXBORO, MA – AUGUST 29: Tom Brady #12 of the New England Patriots warms up prior to the preseason game against the New York Giants at Gillette Stadium on August 29, 2013 in Foxboro, Massachusetts. (Photo by Jared Wickerham/Getty Images)

NEW YORK – New England Patriots Quarterback Tom Brady will appeal the reinstatement of his four-game suspension, according to multiple media reports Monday.

Lawyers for the National Football League Players Association will petition for an En Banc rehearing of Brady’s case before the full panel of judges on the U.S. Second Circuit Court of Appeals.

The move is not considered a surprise. Brady and the Players Association have been beefing up their legal team since a three judge panel ruled 2-1 last month to reinstate the quarterback’s deflategate ban. Former U.S. Solicitor General Ted Olson, who argued Bush v. Gore before the Supreme Court, is now Brady’s lead attorney.

Paul Clement, Olson’s predecessor as Solicitor General, is representing the National Football League.

Olson and fellow attorneys are expected to argue that NFL Commissioner Roger Goodell issued a punishment that was not consistent with league equipment rules, saying the deflated footballs used in the 2015 AFC Championship Game should have resulted in only a fine, not a suspension.

Lawyers for the quarterback are also expected to argue that Goodell, who originally issued the suspension and then served as the hearing officer for Brady’s league appeal, upheld the ban on different grounds than Brady was originally suspended for.

“The facts here are so drastic, so apparent, that the court should rehear it,” Olson told ABC News.

Monday marked the filing deadline for Brady’s legal team to request a full rehearing. The court had previously granted NFLPA lawyers a two week extension to appeal.

Brady has denied any involvement with the scandal.

If the full court chooses to re-hear the case, it would mean Brady could get a stay of his suspension, allowing him to play while the matter is resolved in federal court. En Banc hearings are rare, and it is unclear at this point when the court will make its decision.

If unsuccessful, Brady could choose to appeal to the U.S. Supreme Court.

By MATT McCARTHY, CapeCod.com NewsCenter