BOSTON (CBS) — Tom Brady lost in court on Wednesday. But the fight continues.
Up next for Brady, in all likelihood, is a petition to the Supreme Court. In the interim, Brady and his team of lawyers can apply for a stay of suspension, which would allow him to play as the case is petitioned to the next level.
Whether or not Brady eventually wins or loses at the Supreme Court can’t be properly predicted, but gaming and sports law attorney Daniel Wallach said on Zolak & Bertrand that Brady has a very good chance of being allowed to play for the 2016 season and at the very least postpone that four-game suspension.
“I’ll go on record today,” Wallach said. “I think Brady will likely play in Weeks 1, 2, 3 and 4, not because the 2nd Circuit will stay the decision, but because Justice Ginsburg will likely stay the decision.”
Wallach said that Brady’s argument for a stay of suspension will come down to the fact that if he is forced to serve the suspension, only for the ruling to later be overturned by the Supreme Court, would bring irreparable harm on him. That is to say, there would be no way “to recapture the lost games.”
“Once he loses four games off 2016, it doesn’t matter what happens at the Supreme Court afterwards. He could win big, but he’ll never be able to recapture the lost games. And that is his most compelling argument for a stay, and I think it’s one that’s going to be received favorably by Justice [Ruth Bader] Ginsburg.”
Wallach broke down how he expects the process to play out, and discussed in depth what to expect going forward. Listen to the full interview below: