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justices decide on whether to hear the case?

#1 von cx888 , 23.06.2019 06:15

NEW YORK -- Fueled by the hot bats of Asdrubal Cabrera, Yoenis Cespedes and Neil Walker, the Mets have made a drive back into the thick of the postseason race. But on Sunday, before the end of the first inning against the Philadelphia Phillies at Citi Field, all three had gone down to injury.Manager Terry Collins said before the game that Cespedes has a tight quadriceps, Walker has a stiff back and both would be out of the lineup for the contest. Cabrera left the contest in the bottom of the first inning with a sore left knee.All three players have been bothered by these same injuries this season.Cabrera, the starting shortstop hitting second in the order, bunted for a one-out hit but collided with Phillies first baseman Tommy Joseph and came away holding his left wrist. After being checked out by the team trainer, Cabrera remained in the game. He moved to second on Kelly Johnsons single to right but was moving gingerly. He was later removed from the game for what the team called a sore left knee.Cabrera missed time with a left knee injury earlier this month and returned from the disabled list Aug. 19. He has thrived at the plate in nine games since, batting .455 with 3 home runs and 9 RBIs.Cespedes was out earlier this month with his quadriceps injury. He also came off the DL and began a run of torrid hitting. In eight games since his return, he has batted .355 with 4 home runs and 8 RBIs.His leg tightened up on him last night, Collins said of Cespedes before Sundays first pitch. We thought we should give him a day following a night game, but hes already shown how important he is, and we cant afford to blow these guys out, especially at this time with the way were playing. Were going to give him another day today.Collins said this was the first time Cespedes, who is batting .295 with 26 home runs and 67 RBIs this season, mentioned his quad since returning.Walker has had back issues and has been doing extra preparation to stay in the lineup. Since July 27, he has hit .440 with 7 home runs and 15 RBIs.Collins said Walker had felt some discomfort in his back when the team was in San Francisco last weekend.I talked to him this morning, and he needs a lot of time to get it stretched and loosened up, Collins said, adding that Walker was available to pinch hit. John Atkins Jersey . Miikka Kiprusoff had just announced his retirement after a decade-long run in Calgary and it would be up to Berra and Ramo to fill the void. Tyrell Crosby Jersey . The Hall of Fame defenceman told Landsberg that he believes fighting still has a place in todays game, but thinks staged fighting needs be outlawed. http://www.wholesalelionsjerseys.com/?tag=youth-ty-johnson-jersey . -- Patrick Reed got an early start in golf. David Fales Jersey . U.S. District Judge Lorna G. Schofield in Manhattan agreed that lawyers on both sides could make their formal requests by Nov. 8. A hearing is scheduled for a day earlier. Jordan Siev, a lawyer for Rodriguez, wrote in a joint letter to the judge from lawyers on both sides that MLB lawyers planned to ask that the lawsuit be dismissed. Steve Longa Jersey . And follow TSN.ca right through Deadline Day for all the updates. From Pierre LeBrun While Anaheim GM Bob Murray said earlier this season he was not going to trade Jonas Hiller despite the fact hes an unrestricted free agent on July 1, some sources have told TSN Hockey Insider Pierre LeBrun that Murray might be willing to move another goalie. So what does Tom Brady do now? The judges of the U.S. Court of Appeals for the 2nd Circuit in New York City on Wednesday refused to reconsider a 2-1 decision made on April 25 that reinstated his four-game suspension for his role in Deflategate. The decision raises questions about Bradys options and the effects of the decision on the coming NFL season. Here are some of the questions and their answers:What options does Brady have?Bradys only option is the U.S. Supreme Court. If he is to avoid the four-game suspension, he must somehow convince four of the eight justices on the nations highest court that his plight is worthy of their consideration. And then he would need to convince five of them that the 2-1 decision against Brady was wrong and must be reversed.What are Bradys chances in the Supreme Court?His chances are not good. But if Brady has any hope, its thanks to his and the NFL Players Associations decision to hire Ted Olson, one of the nations most successful and effective appellate lawyers. Olson led Bradys effort to obtain rehearing in the 2nd Circuit, and his arguments were clearly a rehearsal for the trip to the Supreme Court. If anyone can transform a dispute about air pressure in footballs into a legal issue worthy of Supreme Court consideration, it is Olson.So what will Olson argue?He will argue, as he argued in the rehearing effort, that the 2-1 ruling could lead to the destruction of labor arbitration, a pillar of the American economy that must be preserved and can be saved only by a decision for Brady and against commissioner Roger Goodell and the NFL. Brady and his team will say that, during the arbitration appeal process, Goodell unfairly moved the goalposts by punishing Brady not just for the original alleged crime (ball deflation), but by adding a second charge of misconduct stemming from Bradys refusal to cooperate with NFL investigators and his destruction of his cell phone. That ability to add charges mid-arbitration, Olson will say, sets a dangerous precedent. Olson will also argue that the NFL violated Bradys rights by refusing to give his lawyers access to the notes that NFL investigators took during the Wells investigation.Does all the hoopla around the case affect its odds of being heard?Its uncertain, but Bradys celebrity may be helpful in this quest. Even justices of the Supreme Court can be affected by the presence of the most recognizable player in the nations most popular sport.Can Brady and his lawyer stop the suspension while they appeal to the Supreme Court?Yes. Bradys legal team is likely to file what is known as an application for a stay. A stay would preserve Bradys right to play while the Supreme Court decides what to do with his case. The request for a stay can be filed anytime before the season begins Sept. 11. Under the rules of the Supreme Court, the request must include assertions that there is a reasonable probability that four justices will vote to accept the case for consideration, that there is a fair prospect that five justices will support Brady in the ultimate decision, and that irreparable harm will result if there is no stay. Its a stiff set of requirements, but it is far from impossible. Brady has already had more support from judges than most experts expected.Who decides whether to grant a stay to Brady?Its a two-step process. Bradys lawyers must first present their appllication to the Court of Appeals for the 2nd Circuit, according to William Baude, a law professor at the University of Chicago Law School who studies federal courts and who served as a clerk to John Roberts, the chief justice of the Supreme Court.dddddddddddd The judges of this court, having already made their 2-1 decision against Brady and then refused his request for reconsideration, are unlikely to grant a stay.The next step is to apply to Justice Ruth Bader Ginsburg of the high court. She catches any requests for stays in cases that come to the high court from the 2nd Circuit Court of Appeals. She can decide the issue herself. She could quickly deny it, or she may ask the NFL for a response to Bradys application for a stay, an action that would be highly encouraging for Brady. Her decision would then be based on legal briefs submitted by Brady and by the NFL. There would be no hearing in open court. If Ginsburg senses that other justices want to be involved in the decision on the stay, she can refer the issue to the other seven justices. The justices are most collegial on these issues, says Jonathan Massey, a highly regarded appellate lawyer who is representing Ed OBannon in his attempt to obtain consideration from the Supreme Court in his case against the NCAA. They will not consider something alone if they know other justices are interested. If Ginsburg sends the case to the full court, Brady would need five votes to obtain the stay.Would this decision likely be made before the season begins?Yes, the justices make decisions on stays quickly and efficiently. Bradys lawyers will explain to the court that a decision on a stay must be made before Week 1, when the suspension begins, or else the case will be moot. The court makes these rulings expeditiously, attorney Massey said. They will know that they must rule before the first game.When would the justices decide on whether to hear the case?Bradys request for Supreme Court consideration, known as a petition for certiorari, must be filed by Oct. 11. The NFL must file its reply within 35 days of the filing of Bradys petition. A decision on whether to accept the case for consideration would then be likely around the end of the NFL regular season or after the first of the year.So is it possible that Bradys suspension could be stayed for now -- allowing him to play in Weeks 1-4 -- but if the court ultimately declines to hear his case, he could be forced to miss key games late in the season?It is possible, but unlikely. On a case as high-profile as this, Ginsburg is unlikely to issue a stay without the support of her colleagues. In other words, a stay points toward the Supreme Court likely agreeing to accept the case for a decision on all of the issues raised in the litigation.If the court does decide to take Bradys case, then, would he be able to play the whole season?Yes. Filing the necessary briefs, scheduling the oral arguments and preparing a decision with concurring opinions and dissents is a process that is likely to continue well into 2017. If Brady succeeds in obtaining a stay -- and then a decision to have his case heard -- he will succeed in playing the entire season while the nations highest tribunal ponders the air pressure of footballs. ' ' '

cx888  
cx888
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