Written by Lester Munster at ESPN.com
On Thursday afternoon, in a majestic courtroom on the 17th floor of the Thurgood Marshall Courthouse in downtown Manhattan, three distinguished judges who hold degrees from Ivy League universities will listen to some of the nation’s highest-priced lawyers argue about air pressure in footballs.
The judges of the nation’s second-highest court will determine whether U.S. District Judge Richard M. Berman was right or wrong in overturning Tom Brady’s four-game suspension at the start of the 2015 season. Brady was suspended by NFL commissioner Roger Goodell for his role in a scheme to lower the pressure in footballs used in a game, for obstructing an investigation into the incident and for destroying important evidence.
The case has implications far beyond what happened in the incident that became known as Deflategate. The appellate court decision will establish whether sports league commissioners have final authority in disciplinary procedures established by collective bargaining agreements between players’ unions and leagues or whether their decisions can be reviewed in federal court.
How did we get here?
The NFL began an investigation after the New England Patriots defeated the Indianapolis Colts 45-7 in the AFC Championship Game on Jan. 18, 2015. The Colts complained that several footballs used in the game were underinflated.
The league appointed an attorney, Ted Wells, to investigate whether the underinflation was done on purpose. In a 243-page report, Wells wrote:
“For the reasons described in this Report, and after a comprehensive investigation, we have concluded that, in connection with the AFC Championship Game, it is more probable than not that New England Patriots personnel participated in violations of the Playing Rules and were involved in a deliberate effort to circumvent the rules. In particular, we have concluded that it is more probable than not that Jim McNally [the Officials Locker Room attendant for the Patriots] and John Jastremski [an equipment assistant for the Patriots] participated in a deliberate effort to release air from Patriots game balls after the balls were examined by the referee. Based on the evidence, it also is our view that it is more probable than not that Tom Brady was at least generally aware of the inappropriate activities of McNally and Jastremski involving the release of air from Patriots game balls.”
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