Seven weeks later, no action from the Second Circuit
On May 23, Patriots quarterback Tom Brady requested a rehearing of the appeal that reinstated his four-game suspension arising from #DeflateGate. Nearly seven weeks later, there hasn’t been a peep from the U.S. Court of Appeals for the Second Circuit in response to the petition and a flurry of friend-of-the-court briefs.
Per a source with knowledge of the situation, the court has taken no action on the request.
Options include granting a rehearing before a three-judge panel, granting a rehearing before the full court, or denying the request entirely. The Second Circuit also has the option of requesting a response from the NFL, which by rule may submit a brief opposing a request for rehearing only if specifically directed to do so.
If a rehearing is granted, Brady undoubtedly would be available for the first four regular-season games, and possibly for all of 2016. If the petition is denied, Brady would have to decide whether to ask the U.S. Supreme Court to take up the case, and whether to seek an order from Justice Ruth Bader Ginsburg staying the suspension until the Supreme Court decides whether to take the appeal.
Even if Brady ultimately loses in court, he successfully has avoided the suspension for a year -- and he possibly will avoid it even longer.