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.

Report: Astros remain in contact with the Athletics on Sonny Gray

OAKLAND, CA - AUGUST 06: Sonny Gray #54 of the Oakland Athletics pitches against the Chicago Cubs during the first inning at the Oakland Coliseum on August 6, 2016 in Oakland, California. (Photo by Jason O. Watson/Getty Images)
Jason O. Watson/Getty Images
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The Astros remain in contact with the Athletics on starting pitcher Sonny Gray, Ken Rosenthal of FOX Sports reports. The Astros have added Charlie Morton this offseason, but the club has been trying to add a big-name starting pitcher to put at the top of the rotation behind Dallas Keuchel.

Gray, 27, was limited to 22 starts in the 2016 season due to a forearm issue. His stats left a lot to be desired, as he finished with a 5-11 record, a 5.69 ERA, and a 94/42 K/BB ratio over 117 innings. Considering how Gray pitched in the previous three years, he’s a good bet to bounce back.

Gray is under team control through 2019, which is a big draw for the Astros. Needless to say, the Athletics would want a haul in terms of prospects. Gray will earn $3.575 million in 2017, having avoided arbitration in his first year of eligibility.

President Obama Welcomes the Cubs to the White House

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As we noted last week, The Chicago Cubs took the unusual step of not waiting until the summer after winning the World Series to make their customary White House visit to meet the president. They did it today, seeing President Obama a few short days before he leaves office.

Despite the fact that Obama is a White Sox fan, he met the Cubs with diplomacy and grace. It’s almost as if he’s been in that business for the past eight years. In return, he was given some gifts by the Cubs: Theo Epstein presented Obama with a No. 44 Cubs jersey, a tile from the center field scoreboard at Wrigley Field, and a lifetime pass to Wrigley as well.

Obama is staying in D.C. after he leaves office this week, hanging around so his daughter can finish high school in the same place she started. Even so, he’s likely going to be back to Chicago a good bit over the rest of his life, so he’ll likely be able to put the free pass to work. Assuming it comes with, like, six companion passes for his Secret Service detail.