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.

And That Happened: Saturday’s Scores and Highlights

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Here are the rest of Saturday’s scores and highlights:

Athletics 10, White Sox 2: Matt Olson, Jaycob Brugman and Franklin Barreto stole the spotlight on Saturday, going deep for the first home runs of their respective major league careers. Not only was it a franchise first for the Athletics, but it was the first time three rookies accomplished the feat for any major league team to date. The last trio to pull it off did so for the Kansas City Packers of the Federal League, when Duke Kenworthy, Art Kruger and John Potts went yard for their first home runs in 1914.

Lost in all the mayhem? James Shieldscareer 2,000th strikeout, a 1-2 knuckle curveball that caught Khris Davis looking to end the second inning.

Rangers 8, Yankees 1: Aaron Judge may be unstoppable, but the Yankees are not. The rookie slugger collected his league-best 26th home run on Saturday afternoon, putting the Yankees on the board with a solo shot during the sixth inning.

It was a mistake Texas’ right-hander Austin Bibens-Dirkx wouldn’t make again, shutting down four of the next five batters he faced and leaving the bullpen to polish off the win with two scoreless frames.

Royals 3, Blue Jays 2: Jason Vargas may not have the pinpoint control of Ivan Nova or the sheer strikeout power of Chris Sale, but as of Saturday afternoon, he now owns the best record in the American League. He cruised to his 11th win against the Blue Jays, spinning seven innings of two-run ball and striking out just two of 27 batters. Marco Estrada matched him pitch for pitch, but lost the edge after Alex Gordon tripled to break the 2-2 tie in the seventh.

Nationals 18, Reds 3: It’s safe to say this was not the season debut Homer Bailey had been anticipating. The veteran right-hander was activated from the 60-day disabled list on Saturday and lasted just 1 2/3 innings against the Nationals’ blistering offensive drive. A six-run second inning forced Bailey’s early exit and brought his ERA to a bloated 43.20 mark after he surrendered eight runs on six hits and two walks. Trea Turner and Michael Taylor were the centerpiece of the Nationals’ 18-run drubbing, combining for nine hits, two home runs and five RBI as the Nats coasted to their 45th win of the year.

Orioles 8, Rays 3: Goodbye, ugly losing streak. Hello, Dylan Bundy. The Orioles pulled within five games of the division lead on Saturday, giving up fewer than five runs for the first time since June 2. Bundy led the charge, issuing three runs on five hits and four walks and striking out eight over seven innings for his eighth win of the season. An explosive four-run effort propelled the club to a comfortable lead in the seventh inning, while Manny Machado‘s eighth-inning sac fly put the finishing touches on an 8-3 finale.

Cubs 5, Marlins 3: After 12 years in the majors, Cubs’ veteran lefty Jon Lester still had some career firsts left to record — including his first win against the Marlins. He cut through Miami’s lineup with expert precision during Saturday’s win, giving up a J.T. Realmuto home run in the first inning and settling down to retire 18 of the next 20 batters he faced. The next team on his list? The Red Sox, whom the Cubs are not scheduled to face this season (barring a chance meeting in the World Series, of course).

Braves 3, Brewers 1: Is R.A. Dickey… good again? The knuckleballer commanded his third quality start on Saturday, squelching the Brewers’ offense with just one run and six strikeouts over seven innings. His only snafu came in the first inning, when he turned to pick off Travis Shaw at third base and was instead penalized with a balk, his first of the year.

The Freeze, meanwhile, was not nearly as successful as his parent club, missing the finish line by mere inches during the customary between-inning sprint around the warning track.

Twins 4, Indians 2: There’s nothing more tragic than a solid pitching effort gone to waste. Corey Kluber allowed two runs and fanned 13 batters for his fifth quality start and second no-decision of the month, dropping what looked like a guaranteed win after Brian Dozier and Chris Gimenez reclaimed the lead with a pair of home runs in the eighth and ninth.

Angels 6, Red Sox 3: Not everyone was as delighted about Kole Calhoun‘s run-scoring balk as the Angels were. Calhoun plated a run in the seventh inning after Fernando Abad stopped his delivery on a 3-1 pitch, boosting the Angels’ lead to three runs and eventually securing their 6-3 win. Neither Abad nor Red Sox manager John Farrell saw eye-to-eye with crew chief Bill Miller, however, and contested the ruling after Abad claimed that he inadvertently balked after seeing Calhoun call for a time out.

Mets 5, Giants 2: From injuries to slumps, it’s been a rough ride for the Mets this month. Enter Jacob deGrom, who crafted his third consecutive quality start with eight innings of one-run ball, striking out seven and going 1-for-3 with a single against the Giants’ Johnny Cueto. The Giants, on the other hand, became the first team to record 50 losses this season after the bullpen blew a 1-1 tie in the eighth.

Pirates 7, Cardinals 3: Look, there may be plenty of legitimate baseball-related reasons to skip out on a wedding reception. I can’t think of any compelling enough to leave your own wedding, however, at least not just to watch Lance Lynn give up seven runs during the Cardinals’ 40th loss of the year.

Different strokes for different folks, I suppose.

Dodgers 4, Rockies 0: Clayton Kershaw is still very, very good. After faltering in a six-run outing against the Mets last week, the Dodgers’ ace returned with six shutout innings against the Rockies, striking out eight and matching Jason Vargas’ league-best 11 wins. He manufactured his own run support, too, drawing a bases-loaded walk in the third inning to cement the club’s four-run lead:

Padres 7, Tigers 3: The Tigers continued their eight-game skid with a tough loss at PETCO Park on Saturday, marring six solid innings from Anibal Sanchez with a five-run implosion in the eighth inning. Andrew Romine put up two of the Tigers’ three runs on an RBI double and single, but wasn’t able to single-handedly rally from a four-run deficit in the ninth.

Astros 5, Mariners 2: Sometimes, it’s difficult to identify the exact moment when a game swings out of control. Other times, it’s all too obvious. For the Mariners, that moment could be traced back to one line drive in the seventh inning:

In Mitch Haniger‘s defense, clearing 69 feet in under five seconds is a feat few can pull off, even with the game on the line.

Diamondbacks 9, Phillies 2: Nothing the Diamondbacks and Phillies did — not even the Ben Lively home run that made this play possible — was as impressive as the coordination and grace of this lone D-backs fan:

Aledmys Diaz is trying to improve his defense with strobe glasses

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MLB.com’s Jenifer Langosch reports that Cardinals’ shortstop Aledmys Diaz has been sporting a new look around Busch Stadium with a pair of “strobe glasses,” technology-enhanced specs designed to help athletes focus on the ball. Like a strobe light, the lenses of these glasses affect a player’s vision by rapidly changing opacity, giving its wearers the illusion that the objects they see are moving more slowly than normal. Once a player adjusts to the new speed of play, they gain a greater sense of control and are able to time their actions with more precision.

Diaz isn’t the first MLB player to utilize the technology, just the first Cardinals’ player to do so. It’s been tested by Bryce Harper, Corey Brown, Tommy Joseph, Austin Hedges and Joe Mauer, among others around the league, and has been used for everything from refining a catcher’s reflexes behind the plate to tweaking a hitter’s ability to track a pitch. Per Langosch, Diaz has been using the glasses to hone in on the ball during pregame drills, increasing both his confidence and response time on the field and improving his defense at short.

The shortstop has been the focus of some concern this season after seeing a sizable dip in his production at the plate, and his five fielding errors, 0.6 UZR and 0.6 fWAR haven’t helped matters, either. He sustained a minor thumb injury during an at-bat on Friday night, and was left off of the Cardinals’ starting lineup on Saturday, though manager Mike Matheny didn’t rule out his ability to pinch-hit during the series. While the strobe glasses are a good start, Diaz will need more than a pair of specs to match the spotlight-worthy performance he turned out during his rookie season in 2016.