If the judges deny Brady's request, Brady, and his representatives will have 90 days to decide whether to request a hearing before the U.S. Supreme Court.
The decision by the New England Patriots quarterback was confirmed Monday by NFL Players Association spokesman George Atallah.
In that event, Brady's legal team could file a "stay" to prevent Brady from serving the four-game suspension before the legal action finishes.
-It's a longshot the 13 active judges of the Second Circuit will vote to hear the case.
If the court refuses to hear the case, the only option left to Brady would be to seek a case before the Supreme Court, something which could take several months or years. Since then, Brady and the NFLPA have filed documents adding new lawyers to their team, including Olson, a former solicitor general. The suspension was overturned by a federal judge on the eve of last season, but a circuit court panel ruled 2-1 last month that Goodell was within the rights granted to him by the collective bargaining agreement. On May 23 he announced he's going to continue to fight Roger Goodell'spunishment.
It also claims the appellate panel decision that reinstated Brady's suspension conflicts in two areas with decisions from the Supreme Court and other circuits. "Goodell superintended a multi-million-dollar investigation into purported football deflation during the 2014 AFC Championship Game an investigation he falsely portrayed as independent".
And, if Brady's Deflategate suspension is overturned on this appeal, it appears he'll nearly certainly play in Week 1 of the 2016 National Football League season. "Commissioner Goodell can not sit as an appellate arbitrator and then affirm the league's initial disciplinary decision based upon a new theory and imagined evidence and pretend to be an unbiased decision-maker".
The saga of Deflategate is approaching the 500-day mark, but, according to the head of the NFL Players Association, that needn't have been the case.
"Goodell's biased, agenda-driven, and self-approving "appeal" ruling must be vacated".
"The facts here are so drastic and so apparent that the court should rehear it", he said. The decision overturned a lower court ruling in September 2015 that nullified the league's punishment. That could save Brady nearly $2 million in lost salary during a four-game suspension.