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Posts Tagged ‘Scalia

More Proof Justice Scalia is a God.

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This is worth the read – Scalia writes the dissenting opinion arguing that Casey Martin (handicap golfer) shouldn’t be allowed to participate in the PGA.  His dissent was basically based on his belief that the Supreme Court shouldn’t even be hearing the case (he maintains there were tons of procedural reasons it never should have gone this far, and says so in the opinion).  The best part, is when he says

“The answer, we learn, is yes.” – as if the other Justices are letting him in on a big secret.

Either way, I couldn’t help from laughing out load in the basement of the Pentagon when I read this case.  I LOVE SCALIA!!!!!!!

PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001)

If one assumes, however, that the PGA TOUR has some legal obligation to play classic, Platonic golf – and if one assumes the correctness of all the other wrong turns the Court has made to get to this point – then we Justices must confront what is indeed an awesome responsibility. It has been rendered the solemn duty of the Supreme Court of the United States, laid upon it by Congress in pursuance of the Federal Government’s power “[t]o regulate Commerce with foreign Nations, and among the several States,” U.S. Const., Art. I, §8, cl. 3, to decide What Is Golf. I am sure that the Framers of the Constitution, aware of the 1457 edict of King James II of Scotland prohibiting golf because it interfered with the practice of archery, fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this August Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer, we learn, is yes. The Court ultimately concludes, and it will henceforth be the Law of the Land, that walking is not a “fundamental” aspect of golf.


Written by DMN

September 23, 2008 at 1:36 am