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.

Marcus Stroman dealing with blister again

Marcus Stroman
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Blue Jays right-hander Marcus Stroman might be headed to the disabled list soon, manager John Gibbons told reporters following Friday’s rain-shortened loss to the Yankees. The righty lasted just four innings on the mound before calling it a night, and gave up five runs, six hits and two walks in a performance that Gibbons claimed was at least partially affected by recurring blister issues on his right middle finger. Now, it looks like he might be removed from the rotation for some much-needed rest and rehabilitation; if so, it’ll be his second such stint this year.

Stroman, 27, has struggled to return the kind of winning record and sub-4.00 ERA that characterized his previous seasons with the club, mostly due to the combined seven weeks he missed with blisters on his throwing hand and chronic fatigue in his right shoulder. In a recent start against the Rays, things got even more gruesome when his blister appeared to start bleeding in the middle of his outing and MLB.com’s Gregor Chisholm notes that the wound has constantly interfered with the right-hander’s pitch selection and delivery. When healthy, Stroman has managed a 4-8 record through 18 starts in 2018 with a career-worst 5.27 ERA, 3.2 BB/9 and 6.8 SO/9 in 100 2/3 innings. This will be the first year since 2015 in which he has not logged at least 200 innings in a single season.

While Stroman may not need an extended stay on the DL before he returns to the mound, it’s not clear what kind of timetable the Blue Jays expect for his recovery. He’s been the second-most valuable starter (behind the now-traded J.A. Happ) in a rotation that currently ranks 17th in the majors with a combined 4.90 ERA and 6.8 fWAR.