LOS ANGELES, Sept. 1, 2015 — Deflategate Judge Richard M. Berman is about to rule in the battle between New England Patriots quarterback Tom Brady and National Football League Commissioner Roger Goodell. Judge Berman was appointed by former President Bill Clinton. This strongly favors Brady over Commissioner Goodell. This may seem to be about football, but it is actually very political.
Republicans and conservatives are about laws and law and order. Democrats and liberals are about fairness and justice. Liberals believe that if laws are unjust or unfair, they should be disobeyed. Conservatives believe that you can change laws through the political process, but that laws must be upheld to prevent anarchy.
The issue in Deflategate is not whether Commissioner Goodell’s suspension of Brady is fair, which it is, but whether it is legal, which it also is. The collective bargaining agreement gives Goodell sole power to suspend players for whatever reason. The players agreed to this deal.
Judge Berman has no right to rule on the facts of the case itself. If he rules in favor of Brady, he will be another liberal activist judge putting personal feelings above the law. Enforcement of laws must be cold and blind, devoid of emotion.
If Goodell loses in court, it will be open season on the NFL. Player lawsuits will destroy the game in the same way greedy unions end up destroying many businesses in other industries. Brady is no different from a Seattle protester demanding a $15 wage. Goodell is no different from a shopkeeper trying to protect his business.
One does not have to like Goodell, although he should, but in this case the law requires that Goodell win and Brady stop trying to put himself above the law and above the game of football.
Even if the suspension of Brady is based on flawed methodology, which it is not, it is totally legal. Goodell must win this case if the rule of law matters.
The collective bargaining agreement is the NFL’s binding law. Goodell can suspend Brady simply because he can.
Judges who fail to grasp this are free to resign from the bench and become political activists.