VikingLord wrote: ↑Wed Aug 10, 2022 6:23 pm
VikingsVictorious wrote: ↑Thu Aug 04, 2022 10:32 am
Judge Sue Robinson has determined a 6 game suspension for Deshaun Watson. I'm wondering what makes her believe she is qualified to determine his suspension. I'd guess she thinks it's her law degree. The NFL is appealing wanting to make it the entire season.
I think what makes her qualified is the fact the NFL and NFL Players Association agreed to use an arbitrator to decide punishments for players under the collective bargaining agreement. Both agreed to her being that arbitrator. What she decides goes,
and any notion the NFL can go to court to override her decision is fantasy unless they can prove she was not impartial or the process was otherwise flawed. Even if the NFL could prove that, all a court would likely do is appoint a different arbitrator or tell the NFL and the Players Association to choose someone else.
No way the NFL will get it changed. If they don't want a repeat of this in the future, they'll have to get the Players Association to agree to it in the next CBA.
Actually, the NFL does not have the authority under the CBA to re-litigate the facts or to question the factual determinations. The only question they can raise is whether the punishment is appropriate, given the facts.
According to legal experts (definitely NOT me), the opportunity is there for the commissioner to question whether the punishment was sufficient, given the severity of the conduct that was alleged and proven. And there is a clear path for the commissioner, as articulated in the CBA, to increase the suspension.
The problem is that if the league increases the punishment, then the Players Association will sue. It will end up in court, and Watson will likely end up playing the entire season because it won't be adjudicated before the season is over.
Basically, it's a mess. If I had to guess, the league will try to increase the suspension, the Players Association will challenge, and Watson will play Week 1.