Curt Flood’s lawyer was unprepared

15 Comments

This comes from the “I never knew that” file.

Apparently Curt Flood’s attorney in front of the Supreme Court for his famous — and ultimately ill-fated — challenge of the reserve clause was woefully unprepared. That, via the New York Times, is the story that will be told in a documentary that will air tonight on HBO entitled “The Curious Case of Curt Flood.”

The lawyer was not just any lawyer, though. It was Arthur J. Goldberg, who was a justice on the freaking Supreme Court from 1962-1965, helping (for better or worse, depending on your point of view) take the court in a sharply more liberal direction than it had been in the past. Goldberg crafted decisions on the death penalty and privacy rights, among other things, which continue to help fuel fierce debate to this day.

Say what you want about the merits of those decisions, but you don’t make that kind of mark by half-assing things.  Goldberg had a very bad day representing Curt Flood in 1972, however, and as the story and the documentary explain, it was probably because he half-assed it:

He did not deliver pointed, persuasive arguments. He lost his place. He did not answer justices’ questions directly. He clumsily listed Flood’s season-by-season batting averages. He went past his allotted time. He repeated himself. He spoke as if he did not understand baseball, citing the several “Golden Gloves competitions” Flood won for his excellent work as a center fielder. Brad Snyder, the author of “A Well-Paid Slave,” about the Flood case, wrote that Justice William Brennan cringed at watching his friend’s struggles.

David Stebenne, Goldberg’s biographer, said Goldberg admitted that he had not prepared the way he should have, incorrectly assuming that the justices who had served with him would see the error of sticking by past decisions — and not wait any longer for Congress.

On the one hand, the effect of this may be overstated.  Most appellate judges and their clerks will tell you that, usually anyway, the judges’ minds are made up before the oral argument, based on reading and scrutinizing the legal briefs which have already been submitted.  Oral argument is used to test the preliminary decision that was made, suss out nuances which were unclear from the briefs and that kind of thing.  Sure, the arguments can change a judge’s mind, but if you’re going to strike out on one of the phases of the case, better to have a bad day at oral argument than to submit a bad brief.

That said, you should do neither. A lawyer can win a case if he or she is talented or relatively untalented. A lawyer can win a case if the law is mostly on their side or if they’re fighting an uphill battle. What a lawyer can rarely get away with, however, is being unprepared. It casts a pall on your entire case. It causes the judges to go back and look at that brief and wonder if it really was as good as they thought. It also freaks your client out, and that’s not good.

My guess: Goldberg’s awful, unprepared performance didn’t change the course of the Curt Flood case,* because the justices likely made up their minds beforehand.  But it sure as hell didn’t help.

 

*I don’t have HBO, so someone tell me tomorrow if the documentary comes to any strong conclusion about this.

Angels move Garrett Richards to 60-day disabled list

Getty Images
1 Comment

Angels’ right-hander Garrett Richards has been moved to the 60-day disabled list, according to a team announcement on Saturday. Richards was originally placed on the 10-day disabled list in early April after sustaining a right biceps cramp during his first start of the season. No timetable has been given for his return to the mound, though Pedro Moura of the Los Angeles Times speculates that his return date could be pushed back to June.

While the Angels report that Richards is making some progress in his recovery, he’s still experiencing some “irritation of the cutaneous nerve,” which could be preventing him from working back up to full strength. The veteran righty already missed 154 days of the 2016 season after suffering a UCL injury, and opted for biometrics surgery to repair the ligament rather than undergoing a more intensive Tommy John procedure.

This is Richards’ seventh season with the Angels. He last pitched a full, healthy season in 2015, delivering a 3.65 ERA, 3.3 BB/9 and 7.6 SO/9 over 207 1/3 innings. He’s currently one of eight Angels pitchers serving time on the disabled list, including left-hander Andrew Heaney and right-handers Cam Bedrosian, Andrew Bailey, Vicente Campos, Huston Street, Mike Morin and Nick Tropeano.

Video: Adam Rosales has the fastest home run trot in MLB, again

Getty Images
6 Comments

When it comes to home run trots, Adam Rosales is still the guy to beat. The Athletics’ shortstop led off the first inning of Saturday’s matinee against the Mariners with a solo shot to center field, and made it all the way around the bases in record time — 15.9 seconds, to be precise. That’s 0.06 seconds faster than the previous record, which Rosales set himself last September on a 15.96-second run.

In fact, as MLB.com’s Michael Clair points out, Rosales holds eight of the 10 fastest home run trots recorded by Statcast. (The other two, naturally, belong to the Reds’ speedy center fielder Billy Hamilton.) Eight of those 10 trots were recorded in 2016, with Rosales gradually inching his way toward the 15-second mark.

The blast was the first of two home runs for the A’s, who tacked on a couple of runs with Ryon Healy‘s two-RBI homer and capped their 4-3 win over the Mariners with a productive out from Khris Davis in the third inning. It’s the fifth straight victory for the A’s this week.