The Second Circuit's decision to rehear Tom Brady's case against the NFL could come any minute. Or it could be another week. Or two weeks.
There is no real timetable, SI.com's legal analyst Michael McCann explained this week.
"We’re within the expected time frame when a decision is expected as to whether or not the Second Circuit will grant a re-hearing," McCann said. "Five weeks is about the length of time one would expect given past cases. That said, the Second Circuit can take as long as it wants. There’s no deadline. It could be this week. It could be next. It could be August. It could be September.
"I don’t think it's gonna go that long, but there’s no guarantee when it will occur. And I know a lot of Patriots fans are thinking, 'Is that good news or bad news in terms of the delay?' But it doesn’t really mean anything necessarily. They have other cases. The judges have their own schedules and sometimes it can take awhile to review a case."
Brady and the NFLPA filed a petition for a rehearing on May 23. Since then, amicus briefs from the likes of the AFL-CIO and well-known arbitrator Kenneth Feinberg have been filed to the Second Circuit on Brady's behalf. Still, no word from the court itself on whether or not it will grant the Patriots quarterback the rehearing that he desires.
As far as McCann is concerned, it still appears as though Brady's odds at a rehearing are slim.
"The most likely verdict is the Second Circuit will not grant a re-hearing," he said. "The Second Circuit grants re-hearings at less than one percent of the time. The odds are certainly not good for Brady. That said, he has made, you could argue, a compelling argument about process. He’s had several influential advocates, including Ken Feinberg, provide amicus briefs that suggest the second circuit should take the case. The odds are not good for Brady by any means, but they're not zero, and I think Brady is in a position where he'll play it out as long as he can."