Legal Expert: Tom Brady's Deflategate Ruling 'Second-To-Worst Case Scenario'

Tom Brady is staring a four-game suspension directly in the face.

Deflategate isn’t over, as Brady reportedly isn’t ready to accept the U.S. Court of Appeals’ ruling that reinstated his four-game suspension Monday. But things don’t look too promising for the Patriots quarterback, who started all of New England’s games last season after Judge Richard Berman vacated the suspension handed down by NFL commissioner Roger Goodell.

“I thought they would remand the case, rather than just reverse,” Sports Illustrated legal analyst Michael McCann said Monday on WEEI’s “Dale and Holley” of the ruling, which was the result of the NFL appealing Berman’s verdict. “Had they remanded it, it would have gone back to Judge Berman to rule on three other issues that he didn’t rule on. It would have been a much better outcome for Brady. Not what he sought, but better than what he got.

“This is the second-to-worst case scenario for Brady. The worst would be if (Monday’s) decision was 3-0. There’s a silver lining that Judge (Robert) Katzmann is the dissenting voice. That could help him going forward. Clearly, this was a disappointing day for Brady.”

Brady can keep fighting in the wake of Monday’s 2-1 ruling. Although the deck might be stacked against him, there’s still a chance the case could be reheard “en banc” in front of the entire Second Circuit or end up in the U.S. Supreme Court.

It’s just important to temper expectations. McCann, for one, believes Brady ultimately will miss time despite his best efforts to combat the suspension.

“I think odds are he serves it, but I guess I am maybe more optimistic than maybe some about the chances of getting a (new hearing),” McCann said. “I think the odds are certainly better than 1 percent. Look, two judges felt that the NFL did something wrong. Two felt that it did something right. If I am another judge in the Second Circuit, I am going to say I have some real concerns about what the NFL did. I have some concerns about frankly the reasoning in the majority opinion.

“Look, the odds are against Brady. There’s no question about it. But I don’t think it’s 99 percent to 1 percent as some of the data might indicate.”

Jimmy Garoppolo should prepare to start Week 1 against the Arizona Cardinals just in case.