In two weeks, football fans across the country will celebrate their home teams’ return to the gridiron. But New England Patriots fans will have to wait an additional month for their starting quarterback to take the field, thanks in part to the Second Circuit’s denial of Tom Brady’s petition for rehearing en banc of a panel decision reinstating his four-game suspension.1 Despite the extravagant media coverage of Brady’s petition for a rehearing en banc, the Second Circuit’s decision denying the petition should have come as no surprise to experienced court observers. Since 1979, the U.S. Court of Appeals for the Second Circuit has consistently granted fewer petitions for rehearing en banc than any other circuit court, both in absolute terms and relative to the court’s caseload, as indicated in the accompanying table.2
Source: The authors, based on case law research.
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