U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

WWII Vet Writes 2nd Cir., Reprimands the Panel Over 'Deflategate'

The Deflategate scandal is beginning to strike some as getting a little long in the tooth, particularly owing to the fact that the entire scandal revolves around the PSI of a football, but it looks like it will continue on. While probably everyone is tired of this scandal, no one is quite as frustrated as Warren B. Lessing, a 93-year-old WWII vet who reprimanded the Second Circuit for adding grease to a fire.

The tone of Lessing's letter to the court can be summed up with this very direct question: "Don't you have anything more important to do?"

"Don't You Have Anything More Important to do?"

In a letter first obtained by WBZ, senior citizen Warren Lessing wrote the Second Circuit Court of Appeals and, in the most decorous and polite way possible, excoriated the court for perpetuating a controversy that Lessing probably views as foolish. Actually, his exact words in describing Roger Goodell's suspension of Brady were "stupid" and "asinine." Lessing had agreed with U.S. District Judge Richard Berman's attempt to bring some sense into the mix but felt that the Second Circuit didn't get the message loudly enough and it should be held to account for its reversal of the lower court.

Lessing was interviewed on radio and expressed his annoyance over the scandal. "I think it's a ridiculous waste of everybody's time." He also said that he was probably not the only one who felt that way. He's right.

Deflategate Sticks Around

It looks like that litigation surrounding the scandal is only going to get more heated as Tom Brady and his lawyer made the cut-off date and filed a petition for a new hearing or a re-hearing of the Second Circuit decision that basically brought everything back to square one. In the document written by former solicitor general Tod Olson, Goodell is accused of punishing Brady and being motivated by bias and personal agenda.

When Will It Stop?

Just in case anyone forgot, Brady is seeking the court for a rehearing, new hearing, or to generally vacate his four-game suspension which exploded into Deflategate. If a majority of the panel rejected his request, Brady still has SCOTUS. Our view is that his chances are slim as re-hearings of appellate decisions are rarely granted.

Also, do we really want to drag this thing as far up the ladder as to the Supreme Court? Don't we have anything better to review?

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