Tom Brady came away the loser when the Second Circuit's three-judge panel ruled in favor of the NFL and reinstated Brady's four-game suspension last month.
But the decision was not unanimous, and the lone judge who decided in Brady's favor may have some sway now that the Second Circuit has to decide whether or not it will grant Brady a rehearing. That judge, of course, was Chief Judge Robert A. Katzmann.
The fact that the Chief Judge of the Second Circuit was the one who dissented with the majority opinion gives Brady's legal team some hope that seven of the 13 Second Circuit judges will agree to grant him a rehearing.
"The Chief Judge wrote a very convincing dissent," Brady's lead counsel Ted Olson told PFT Live on NBC Sports Radio. "He’s a highly respected individual. He’s been a member of that Court for many, many, many years. He very rarely dissents from an opinion by his colleagues. Over the years, just a few times out of thousands of cases in which he’s participated.
"So here’s an individual who is highly respected, who’s the Chief Judge of the court, who wrote a very cogent, persuasive, dissenting opinion pointing out important principles that he felt -- and we feel -- the majority got wrong. So we do think that that gives us an extra impetus in seeking rehearing."
In its petition requesting a rehearing, Brady's legal team reiterated the same arguments that Katzmann made in his dissent: a) NFL commissioner Roger Goodell should not have been able to change the factual basis for the discipline once the appeal hearing had concluded, and b) Goodell should have at least considered punishing Brady based on the CBA's scheduled punishments for equipment violations.
"[The] majority . . . asserts that the Commissioner did not change the factual basis for the discipline and, in effect, that any change was harmless," Katsmann wrote. "I cannot agree."
Katzmann added: "The Commissioner failed to even consider a highly relevant alternative penalty and relied, instead, on an inapt analogy to the League's steroid policy. This deficiency, especially when viewed in combination with the shifting rationale for Brady's discipline, leaves me to conclude that the Commissioner's decision reflected 'his own brand of industrial justice.' "
You can read our breakdown of the cases upon which Brady's team relied in its petition here.