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.

Mets trade Curtis Granderson to the Dodgers

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The Mets traded centerfielder Curtis Granderson to the Dodgers for cash considerations or a player to be named later, the teams announced late Friday night. Granderson was rumored to be drawing interest from teams earlier in the week, and found a landing place after slashing .256/.360/.721 since the start of the month. In a corresponding move, the Dodgers designated right-hander Dylan Floro for assignment to clear roster space for the outfielder.

As a whole, the 36-year-old’s 2017 campaign has been a tad underwhelming. Granderson entered Saturday batting .228/.334/.481 with 19 home runs and an .815 OPS through 395 PA, and accrued 1.7 fWAR to the 5.1 fWAR he produced during his pennant-winning, MVP-contending season in 2015. Still, with under $4 million remaining on his contract, another 20+ homer season around the corner and the defensive chops to man center field, it looks like a prudent deal for the Dodgers as they continue to bulldoze their way to the playoffs this fall.

The club has yet to outline their plans for Granderson, but his addition to a crowded outfield could displace centerfielder Joc Pederson, who turned in a meager .214/.329/.415 batting line through 292 PA in 2017. It could also have ramifications for fellow veteran Andre Ethier, assuming he’s healthy enough to compete for a starting role when he comes off the 60-day disabled list in September. The Mets, meanwhile, are expected to lean more heavily on rookie outfielder Brandon Nimmo, who’s made just five starts this season after struggling to get consistent playing time on the field.

Corey Kluber exits game with right ankle sprain

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Indians’ right-hander Corey Kluber was removed from the sixth inning of his start on Friday night, bringing a streak of 14 starts with 8+ strikeouts to an unfortunate end after he sprained his right ankle. Kluber stumbled off the mound while trying to field a base hit from Eric Hosmer and was seen visibly limping as he moved to cover first base. He was allowed to stay in the game for one more batter, but quickly yielded a three-pitch single to Melky Cabrera and left the mound with head athletic trainer James Quinlan.

It was a poor ending to another strong outing by the right-hander, who delivered 5 1/3 innings of one-run, four-strikeout ball and took his 12th win of the season after the Indians amassed a nine-run lead. Postgame comments by Cleveland skipper Terry Francona suggest that Kluber isn’t facing a serious setback after sustaining the sprain, however, and might even be good to go by the time his next start comes around on Wednesday.

While the Royals escaped Friday’s loss without injury, the 10-1 drubbing pushed them 6.5 games back of the division lead and half a game behind the Twins and Angels for the second AL wild card berth. They’ll host a rematch on Saturday at 7:15 ET, with left-hander Jason Vargas set to face off against Indians’ righty Trevor Bauer.