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: José Bautista could ‘easily’ pitch in MLB bullpen

José Bautista and Marcus Stroman
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José Bautista hasn’t appeared in the majors since 2018 but the 39-year-old isn’t done playing just yet. Last month, we learned via a report from ESPN’s Jeff Passan that Bautista is hoping to come back as a two-way player. He spent the winter working out as a pitcher.

Bautista had also been working with former Blue Jays teammate Marcus Stroman. Back in January, Stroman tweeted, “My bro @JoeyBats19 is nasty on the mound. We been working working. All jokes aside, this man can pitch in a big league bullpen. I’ll put my word on it!”

In March, Passan added some details about Bautista, writing, “I’ve seen video of Jose Bautista throwing a bullpen session. Couldn’t tell the velocity, but one source said he can run his fastball up to 94. His slider had legitimate tilt — threw a short one and a bigger bender. @STR0 said in January he could pitch in a big league bullpen.” Stroman retweeted it, adding, “Facts!”

Stroman reiterated his feelings on Tuesday. He tweeted, “Since y’all thought I wasn’t being serious when I said it the first time…my bro @JoeyBats19could EASILY pitch in a big league bullpen. Easily. Sinker, slider, and changeup are MLB ready!” Stroman attached a video of Bautista throwing a slider, in which one can hear Stroman calling the pitch “nasty.”

Stroman attached another video of Bautista throwing a glove-side sinker:

Replying to a fan, Stroman said Bautista’s body “is in better shape than 90-95% of the league.”

I am not a scout and won’t pretend to be one after watching two low-resolution videos. And Stroman’s hype is likely partially one friend attempting to uplift another. That being said, I’ve seen much worse from position players attempting to pitch. It’s a long shot, especially given his age, that Bautista will ever pitch in the majors, but it wouldn’t be surprising to see him get an opportunity to pitch in front of major league scouts.