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.

Video: Nomar Mazara crushes a 491-foot home run

ARLINGTON, TX - APRIL 27:  Nomar Mazara #30 of the Texas Rangers at Globe Life Park in Arlington on April 27, 2016 in Arlington, Texas.  (Photo by Ronald Martinez/Getty Images)
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Rangers rookie outfielder Nomar Mazara crushed the longest home run of the season to date, according to Statcast, with a 491-foot shot to the upper deck in right field against the Angels on Wednesday afternoon. With the bases empty and no outs in the second inning, Angels lefty Hector Santiago threw a 1-1 off-speed pitch, which did not fool Mazara in the slightest.

Statcast measured it at 491 feet. Giancarlo Stanton previously had the longest home run at 475 feet off of Hector Neris on May 6. Franklin Gutierrez hit a 491-foot shot on Saturday against Reds pitcher John Lamb.

Mazara entered the afternoon hitting a terrific .317/.364/.483 with seven home runs and 18 RBI in 162 plate appearances.

Blue Jays activate Devon Travis from the disabled list

OAKLAND, CA - JULY 22: Devon Travis #29 of the Toronto Blue Jays celebrates scoring a run in the third inning against the Oakland Athletics at O.co Coliseum on July 22, 2015 in Oakland, California. (Photo by Lachlan Cunningham/Getty Images)
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The Blue Jays announced on Wednesday afternoon that the club has activated second baseman Devon Travis from the disabled list. To create roster space, ambidextrous pitcher Pat Venditte has been optioned to Triple-A Buffalo.

Travis, 25, last played on July 28 last year. He battled a shoulder injury for which he would undergo season-ending surgery. He burst onto the scene as a productive rookie, batting .304/.361/.498 with eight home runs and 35 RBI in 239 plate appearances before being sidelined.

Thus far, Ryan Goins and Darwin Barney have handled second base for the most part for the Jays. But the club has gotten a meager .585 OPS out of the position, the lowest mark in the league. The return of Travis should be quite a boon. He is batting eighth in Wednesday night’s lineup against the Yankees.

Adam Wainwright is not a fan of the proposed strike zone changes

ST LOUIS, MO - OCTOBER 09:  Adam Wainwright #50 of the St. Louis Cardinals celebrates defeating the Pittsburgh Pirates 6 to 1 in Game Five of the National League Division Series at Busch Stadium on October 9, 2013 in St Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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It’s probably not a big shocker that a pitcher is not a big fan of the strike zone being made smaller, but Adam Wainwright of the Cardinals and he tells the St. Louis Post-Dispatch that he is not a fan of the proposed changes to the strike zone we wrote about recently, calling the proposal “a horrible, horrible idea.”

Horrible, he acknowledges, because he’s a pitcher with a vested interest so, yes, let’s give Wainwright credit for self-awareness and for disclosing his self-interest. But he thinks it’s a bad idea for another reason too: more hits will lead to more balls in the gap and thus longer games.

I get the intuitive nature of that — the longer it takes to retire a side the longer games go — but it doesn’t necessarily follow that offense and game times are related in the way Wainwright implies. There was a lot more scoring in the 1990s and early 2000s and games were actually shorter then than now. Partially because of other factors (i.e. there were not quite as many pitching changes and because guys played at a faster clip). Partially, I suspect, because there were fewer strikeouts and strikeouts take a longer time than guys grounding out or having some of those balls in the gap caught on the run by a fast outfielder.

As I said last week, I suspect that we’ll see fewer balls in the gap than Wainwright implies and, rather, a lot more walks as pitchers test umpires to see if they’re really taking away that low strike. In the short term that’ll actually make games longer, though not for the reason Wainwright thinks.

 

 

Report: Jonny Gomes has retired

KANSAS CITY, MO - OCTOBER 28:  Jonny Gomes of the Kansas City Royals looks on before Game Two of the 2015 World Series between the Royals and the New York Mets at Kauffman Stadium on October 28, 2015 in Kansas City, Missouri.  (Photo by Tim Bradbury/Getty Images)
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SB Nation’s Chris Cotillo hears from a source that former major leaguer Jonny Gomes has decided to retire from baseball. The 35-year-old spent the 2016 season with the Rakuten Golden Eagles in the Japan Pacific League, but he struggled at the plate, batting .169/.280/.246 in 75 plate appearances. Gomes left the Eagles by mutual consent back on May 11.

Gomes won a championship with the Red Sox in 2013 and the Royals last year. He ends a 13-year major league career having hit .242/333/.436 with 162 home runs in 4,009 trips to the plate.

Gomes was known as a clubhouse leader during his playing career, so it wouldn’t be surprising if he ends up coaching or managing in some capacity in the future.