Curt Flood

Curt Flood’s lawyer was unprepared

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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.

Settling the Scores: Saturday’s results

SAN DIEGO, CALIFORNIA - SEPTEMBER 24:  Denard Span #2 of the San Francisco Giants, right, is congratulated by Roberto Kelly #39 after hitting a two-run home run during the tenth inning of a baseball game against the San Diego Padres at PETCO Park on September 24, 2016 in San Diego, California.  (Photo by Denis Poroy/Getty Images)
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Amid the clash and clatter of division races, wild card nail-biters, and postseason finishes, the Giants and Padres played a baseball game.

It wasn’t a particularly brilliant game — Madison Bumgarner surrendered five runs and a season-high three homers over six frames, while the bullpen blew a one-run lead in the seventh — but it served its purpose in the end. Denard Span’s 10th inning home run cemented the Giants’ 82nd win of the season, scooting them half a game up in the wild card standings and keeping the Dodgers from clinching the division.

Granted, the Dodgers only need one more win (or, alternatively, a Giants’ loss) to lay claim to the division title, and it’s almost certain that they’ll take the NL West on Sunday. A division title may be out of reach for the Giants, but they’ll still face fierce competition from the Mets and Cardinals for a wild card spot heading into the last week of the season.

Here are the rest of the box scores from Saturday’s games. Keep an eye out for Dustin Pedroia‘s grand slam, Josh Reddick‘s grand slam, and Hunter Renfroe’s first career home run.

Royals 7, Tigers 4

Cardinals 10, Cubs 4

Rangers 5, Athletics 0

Blue Jays 3, Yankees 0

Red Sox 6, Rays 4

Orioles 6, Diamondbacks 1

Nationals 6, Pirates 1

Marlins 6, Braves 4

White Sox 8, Indians 1

Reds 6, Brewers 1

Angels 10, Astros 4

Phillies 10, Mets 8

Twins 3, Mariners 2

Giants 9, Padres 6 (10 innings)

Dodgers 14, Rockies 1

Dodgers move within a game of division win

LOS ANGELES, CALIFORNIA - SEPTEMBER 24:  Josh Reddick #11 of the Los Angeles Dodgers (R) celebrates with Yasmani Grandal #9, Adrian Gonzalez #23, and Justin Turner #10 after all score on Reddick's grand slam home run in the seventh inning against the Colorado Rockies at Dodger Stadium on September 24, 2016 in Los Angeles, California.   The Dodgets won 14-1.  (Photo by Stephen Dunn/Getty Images)
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Yesterday, the Nationals staked their claim in the NL East and the Red Sox secured a postseason berth. Today, the Dodgers stand on the cusp of their fourth consecutive division title, with only Tyler Anderson and Ty Blach in their way.

Any combination of a Dodgers win and Giants loss will secure the NL West for Los Angeles, who missed their opportunity to clinch last night despite a 14-1 drubbing at Dodger Stadium. In the end, it came down to the Giants, who pulled off an extra-inning victory against the Padres and delayed the Dodgers’ playoff revelry for another day.

In lieu of starter Rich Hill, whom manager Dave Roberts intends to reserve for next weekend’s set against the Giants, the Dodgers will go to right-hander Brandon McCarthy on the mound. It’s been a rough year for McCarthy, who has not made a regular season start for the club since August 13, when he left the game with stiffness in his right hip after 1  innings. According to Baseball Injury Consultants, the 33-year-old missed 179 days on the disabled list in 2016, due in large part to a prolonged recovery from the Tommy John surgery he underwent in 2015.

Thankfully for the Dodgers, their fallback is a good, old-fashioned offense. They’ve outscored their opponents 46-23 in the last week and are currently riding a five-game winning streak after taking back-to-back series against the Giants and Rockies. Should they win on Sunday, they’ll face off against the Nationals in Game 1 of the NLDS on October 7.