Antonin Scalia’s PGA Tour Dissent Exemplifies His Legacy
Who gives judges the right to decide whether changing a sport’s rules will fundamentally alter that sport, and how should they know better than those who govern the sport themselves? Faced with such questions, we can only hope that Justice Scalia’s replacement will respond as he did: “Either out of humility or out of self-respect (one or the other) the Court should decline to answer this incredibly difficult and incredibly silly question.”
The Martin case is not only a classic legal text on sports, but also a microcosm of Justice Scalia’s philosophy and greatness: clear insight on the subject discussed, brilliant writing, judicial restraint, and originalism applied no matter the case’s import. Farewell to a great jurist, an inimitable writer, and a devoted sportsman.