A Well-Paid Slave (64 page)

79 “He had me”; “made $300,000”: Handwritten Meetings Notes, 12/13/69, 10.

79 Max Alvis; Jackson asked; Drabowsky said: Ibid.

80 “(1) to take”: MLBPA Memo, “Discussions with the Owners' Representatives Regarding the Reserve Rules,” 3.

80 Joe Torre: Handwritten Meeting Notes, 12/13/69, 10.

80 $5,000; complimentary Cadillac:
NYT
, 3/18/69, 52;
NYT
, 3/17/69, 52;
TSN
, 3/29/69, 12.

80 “I don't care”:
TSN
, 3/15/69, 17.

80 “Knowing how”; “I knew Curt”: Joe Torre interview.

80 Bunning said; Alvis said: Handwritten Meeting Notes, 12/13/69, 11.

81 A question then arose: Ibid., 10-11; Marvin Miller interview; “Minutes of Executive Board Meeting,” 12/13-14/69, 4; Miller,
A Whole Different Ball Game
, 187.

81 $195,000: “Minutes of Executive Board Meeting,” 12/13-14/69, 3.

81 When Miller returned: Marvin Miller interview.

81 Miller then asked: Handwritten Meeting Notes, 12/13/69, 11; “Minutes of Executive Board Meeting,” 12/13-14/69, 4; TT, 183:7-12 (Miller).

82 The nameplate:
NYT
, 4/26/91, B9.

82 His partners:
NYT
, 12/19/76, F1.

82 Yet Arthur Goldberg:
WP
, 3/20/69, F7; Reeves, “Goldilocks . . . ,”
NYTM
, 6/14/70, 7.

82 Miller knew him: Miller,
A Whole Different Ball Game
, 187.

82 He also worked: Ibid., 187-88; Marvin Miller interview.

82 Goldberg raised Miller's: Marvin Miller interview.

82 He selected Miller: Ibid.; Helyar,
Lords of the Realm
, 18-20.

82 When Goldberg left:
NYT
, 1/14/61, 24;
WSJ,
1/16/61, 4.

83 Miller called Goldberg: Miller insisted that he initially phoned Goldberg
after
the December 13 meeting between Flood and the player representatives. Marvin Miller interview; Miller,
A Whole Different Ball Game
, 187. Goldberg's phone records, however, indicate that Miller initially called him at Paul, Weiss on December 3. Goldberg Papers, Box I-135, Folder 3. Miller, moreover, claims that the morning they had breakfast, Goldberg appeared on page 1 of the
New York Times
in a story about the Democrats wanting him to run for office. Marvin Miller interview; Miller,
A Whole Different Ball Game
, 188-89;
NYT
, 12/5/69, 1 (“21 Leaders Urge Race by Goldberg”);
NYT
, 12/10/69, 1 (when he announced that he would not run). It is extremely unlikely that upon returning from Puerto Rico on December 15 Miller would have asked Goldberg about running for office, because Goldberg had already announced that he would not be running.
NYT
, 12/13/69, 1;
NYT
, 12/14/69, 71. Miller specificallyremembered the story appearing on page 1 and in the same day's paper (and he was still in Puerto Rico on December 13 and 14). Marvin Miller interview; Miller,
A Whole Different Ball Game
, 188-89. Thus, Miller must have spoken with Goldberg before the meeting in Puerto Rico and then after Puerto Rico arranged a meeting between Goldberg and Flood.

83 On the way to breakfast: Miller,
A Whole Different Ball Game
, 188-89.

83 There was Goldberg:
NYT
, 12/5/69, 1.

83 In the 1966 gubernatorial: Reeves, “This Is the Battle of the Titan?”
NYTM
, 11/1/70, 224.

83 An October 1 poll:
WP
, 11/16/69, 2.

83 Before they began discussing: Marvin Miller interview; Miller,
A Whole Different Ball Game
, 188-89.

83
When
he won: Miller,
A Whole Different Ball Game
, 188-89.

83 “I took myself”: Goldberg Press Conference, 4/25/68, 4, Goldberg Papers, Box I:48, Folder 2. Goldberg repeated this on several occasions, including his speech to the Johnson cabinet meeting announcing his resignation as UN ambassador. Cabinet Speech, 4/23/68, 1, Goldberg Papers, Box I:33, Folder 12.

83 “I personally”: Goldberg Press Conference, 4/25/68, 4.

84 With this in mind: Marvin Miller interview; Miller,
A Whole Different Ball Game
, 188-89.

84 “This decision is final”:
NYT
, 12/10/69, 1.

84 With Dick Moss at his side: Marvin Miller interview; Miller,
A Whole Different Ball Game
, 189-90.

84 He had seen Goldberg: Miller,
A Whole Different Ball Game
, 188.

84 Although Goldberg was unsuccessful: Shaplen, “Peacemaker-I,”
New Yorker
, 4/7/62, 90.

84 In the span of three weeks: Shaplen, “Peacemaker-I,”
New Yorker,
4/7/62, 90, 95; Stebenne,
Arthur J. Goldberg
, 210.

84 “[i]t was the overwhelming”: Mikva, “In Memoriam—Arthur Goldberg, the Practitioner,”
Supreme Court Historical Society 1990 Yearbook
, 1;
Youngstown Sheet & Tube Co. v. Sawyer
, 343 U.S. 579 (1952).

84 In 1957 he argued: Stebenne,
Arthur J. Goldberg
, 177, 220; Marvin Miller interview;
Textile Workers Union v. Lincoln Mills
, 353 U.S. 448 (1957);
United Steelworkers of Am. v. Am. M'frg Co.
, 363 U.S. 564 (1960).

84 He educated: Stebenne,
Arthur J. Goldberg
, 172, 174; Halberstam,
The Best and the Brightest
, 71.

85 Goldberg could see: Shaplen, “Peacemaker-I,”
New Yorker,
4/7/62, 110, 112; Stebenne,
Arthur J. Goldberg
, 174, 216-19.

85 After accepting: Shaplen, “Peacemaker-II,”
New Yorker,
4/14/62, 68.

85 One of the most visible: Ibid., 49.

85 “I gave”: Goldberg,
A Private View of a Public Life
, 132. Kennedy was reluctant to send Goldberg to the Supreme Court because of Goldberg's value to the administration. Schlesinger,
Robert Kennedy and His Times
, 379; Schwartz,
Super Chief
, 447. On the process of selecting Goldberg for the Supreme Court, see Guthman and Shulman, eds.,
Robert Kennedy in His Own Words
, 115-18; Schwartz,
Super Chief
, 446.

85 Arthur Joseph Goldberg: Stebenne,
Arthur J. Goldberg
, 3-6; Shaplen, “Peace-maker-I,”
New Yorker
, 4/7/62 58, 60, 63.

85 Frankfurter believed: Schwartz,
Super Chief
, 446; Lewis,
Gideon's Trumpet
, 155.

85 Goldberg and fellow liberals: Rodell, “The ‘Warren Court' Stands Its Ground,”
NYTM
, 9/27/64, 120; Horwitz,
The Warren Court and the Pursuit of Justice
, 11-12.

86 They protected:
Reynolds v. Sims
, 377 U.S. 533 (1964) (“one person, one vote” in state legislative districts);
Engel v. Vitale
, 370 U.S. 421 (1962) (church and state);
New York Times v. Sullivan
, 376 U.S. 254 (1964) (constitutional libel standard);
Gideon v. Wainwright
, 372 U.S. 335 (1963) (right to counsel for indigent felony defendants);
Bell v. Maryland
, 378 U.S. 226 (1964) and
Cox v. Louisiana
, 379 U.S. 536 (1965) (civil rights demonstrators).

86 not a gifted writer: Dan Levitt interview.

86 He circulated: Van Tassel, “Justice Arthur J. Goldberg,” 91-92, in Lowe, ed.,
The Jewish Justices of the Supreme Court Revisited
. Goldberg published the memorandum in a law review article. Goldberg, “Memorandum Conference Re: Capital Punishment—October 1963 Term,” 27
South Tex. L. Rev.
493 (1986).

86 Goldberg made his views:
Rudolph v. Alabama
, 375 U.S. 889 (1963) (Goldberg, J., dissenting from the denial of certiorari).

86 The law clerk: Goldberg and Dershowitz later wrote two articles on the un-constitutionality of capital punishment. Goldberg and Dershowitz, “Declaring the Death Penalty Unconstitutional,” 83
Harv. L. Rev.
1773 (1970);
NYT
, 1/16/71, E15.

86 In
Griswold v. Connecticut
: 381 U.S. 479, 486 (1965) (Goldberg, J., concurring).

86 He wrote:
Escobedo v. Illinois
, 378 U.S. 478 (1964).

86 Goldberg reveled:
NYTM
, 8/8/65, 62.

86 three-piece suit: Peter Edelman interview.

86 “He was happy”: Breyer, “Clerking for Justice Goldberg,”
Supreme Court Historical Society 1990 Yearbook
, 4.

86 “three years”: Goldberg,
A Private View of a Public Life
, 195.

87 “The [labor] secretary's”: Kahn, “ ‘I'm not discouraged either. Got it?' ”
Saturday Evening Post
, 1/29/66, 86.

87 Goldberg and his wife: Goldberg,
A Private View of a Public Life
, 148-50.

87 John Kenneth Galbraith: “Summary of Conversation with Arthur Goldberg,” 2-4, Box 5, Office of President Files, LBJ Library; Galbraith,
A Life in Our Times
, 456-57; Parker,
John Kenneth Galbraith
, 420.

87 Goldberg later denied: In his memoirs, President Johnson gave credence to those rumors by claiming that Goldberg was “restless” on the Court and sought out the UN position. Johnson,
The Vantage Point
, 543-44. Goldberg was so angry over the memoir that he called Johnson on the phone and said he never wanted that untruth repeated again. Goldberg-LBJ Oral History, 1-2, LBJ Library; Goldberg,
A Private View of a Public Life
, 193. He also lashed out at the untruths about him in the president's memoir in a public statement.
WP
, 10/27/71, A10. His denials about being bored on the Court began almost from the moment he resigned. Raskin, “A Conciliator Goes to the U.N.,”
NYTM
, 8/8/65, 62.

87 While Goldberg waited: Goldberg-LBJ Oral History, 2; Goldberg,
A Private View of a Public Life
, 193-94;
WP
, 10/27/71, A10.

87 attorney general: Goldberg-LBJ Oral History, 1;
WP
, 10/27/71, A10.

87 “I'm not”: Goldberg,
A Private View of a Public Life
, 194. For a similar account of the Valenti-Goldberg confrontation, see Goldberg-LBJ Oral History, 2. These accounts are confirmed by contemporaneous notes, probably Valenti's, of a White House conversation with Goldberg. The notes say: “He is happy on the Court, but if the President wants him in UN, he will do it.” “Summary of Conversation with Arthur Goldberg,” 1.

87 In the Oval Office: Raskin, “A Conciliator Goes to the U.N.,”
NYTM
, 8/8/65, 10.

87 Two days later, Goldberg: “Summary of Conversation with Arthur Goldberg,” 3;
WP
, 7/21/65, A1; Raskin, “A Conciliator Goes to the U.N.,”
NYTM
, 8/8/65, 10.

87 During the plane ride: Peter Edelman interview; Goldberg-LBJ Oral History, 1-2.

88 Finally, Johnson appealed: Dan Levitt interview; Murphy,
Fortas
, 170-71;
WP
, 8/2/65, A15. Goldberg denied that the vice presidency was a factor in his decision. Kahn, “ ‘I'm not discouraged either. Got it?' ”
Saturday Evening Post
, 1/29/66, 87.

88 That night: Peter Edelman interview;
WP
, 7/21/65, A1.

88 aged him 30 years: Barbara Goldberg Cramer once went looking for her father in 1967 on the floor of the UN General Assembly and did not even recognize him—his hair had turned completely white.
LAT
, 1/20/90, A1.

88 “a lawyer with 116 clients”: Kahn, “ ‘I'm not discouraged either. Got it?' ”
Saturday Evening Post
, 1/29/66, 87.

88 Syndicated columnist Joseph Alsop:
WP
, 8/2/65, A1.

88 In cabinet meetings: Goldberg-LBJ Oral History, 2-9.

88 On April 23: Typewritten remarks to the Cabinet, Goldberg Papers, Box I:33, Folder 12 (attached to Dorothy Goldberg Journal Entry, 4/23/68); Letter from Goldberg to Johnson, 4/23/68, Goldberg Papers, Box I:48, Folder 2.

88 Two days later: Letter from Johnson to Goldberg, 4/25/68, Goldberg Papers, Box I:48, Folder 2.

88 It was not a warm:
NYT
, 4/29/68, 1, 3.

88 “I don't want”: Typewritten remarks to the Cabinet, 2, Goldberg Papers, Box I:33, Folder 12.

89 Although Goldberg denied: Goldberg-LBJ Oral History, 19; Peter Edelman interview; Dan Levitt interview.

89 Ten days before; “nothing later”: Dorothy Goldberg Journal, 3/21/68, 1-3, Goldberg Papers, Box I:33, Folder 10. Warren apparently also told William Brennan that he wanted Brennan as his successor but knew that would never happen. Schwartz,
Super Chief
, 720.

89 Goldberg knew: Dorothy Goldberg Journal, 3/21/68, 2, Goldberg Papers, Box

I:33, Folder 10. 89 Syndicated columnist Drew Pearson: Goldberg-LBJ Oral History, 19; Dorothy Goldberg Journal, 6/27/68, 15-16, Goldberg Papers, Box I:176, Folder 2.

89 Johnson told; “I'll ask him”: Dorothy Goldberg Journal, 6/27/68, 15-16, Goldberg Papers, Box I:176, Folder 2.

89 $20,000-a-year lifetime salary: Kalman,
Abe Fortas
, 323-24. The salary was not just for Fortas's lifetime but also that of his wife.

89 Goldberg had turned down: Goldberg,
A Private View of a Public Life
, 197-98;
WP
, 5/21/69, A2.

89 recess appointment: Goldberg-LBJ Oral History, 19.

90 On December 11, 1946, Mikan:
CT
, 12/12/46, 59.

90 Mikan, who was pursuing:
CT
, 12/13/46, 39; Mikan,
Unstoppable
, 74; Mikan,
Mr. Basketball
, 46; Peterson,
Cages to Jump Shots
, 160.

91 The day after:
CT
, 1/21/47, 24. Mikan's personal attorney, Stacy Osgood, was a partner in Goldberg's law firm, Goldberg, De Voe, and Brussel. Goldberg, however, mostly took the lead in arguing Mikan's case.