Thank you for all this, btw.
So the court did what courts are most apt to do; rule on as narrow an issue as possible. This one turns on a narrow issue in contract law. Did Goodell act outside the CBA in acting as booth discipliner and arbitrator on the same case? No. Not according to the CBA. The fairness issue, the court seemed to say, was not in their purview.
As I understand the process from here Judge Berman can hold a hearing or just re-issue his opinion in line with the instructions he receives from the Circuit court: the CBA was not violated, uphold the suspension. If Brady appeals to the full Circuit then Berman will probably delay his new ruling pending the appeal. But Brady will need to give Berman notice of the appeal in the next few days. The NFL will be pushing for a quick ruling from Berman.
To appeal to the full Circuit Brady will need grounds to challenge the present ruling as error. Those grounds may be within Katzmann's dissent, which I haven't read. If the full Circuit rejects the appeal then that means the full Circuit finds the grounds cited as insufficient for the appeal. Brady may then go on and appeal to SCOTUS but I'm thinking the Supremes will ultimately find the same deficiency of grounds as did the full Circuit.
Unfair will not be adequate grounds for such an appeal, and Goodell's misconduct will be hard to sustain as grounds since that wasn't challenged as part of the original appeal.
I look forward to your continuing analysis. Thanks again.