Flashback: Scalia's Dissenting Opinion In PGA Tour v. Martin

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The late Supreme Court Justice, who died in his sleep while on a Texas hunting trip, dissented along with Clarence Thomas against Casey Martin in his battle with the PGA Tour over cart usage. The rest of the court voted for Martin.

That's right millennials, the PGA Tour sued a handicapped-at-birth guy to stop him from taking a cart, even though he could barely walk. Charity is not always at the heart of Tim Finchem.

Anyway, Justice Antonin Scalia's dissent was an entertaingly crafted piece of writing, even if it was the questionable view at the time or in hindsight:

Having concluded that dispensing with the walking rule would not violate federal-Platonic "golf" (and, implicitly, that it is federal-Platonic golf, and no other, that the PGA TOUR can insist upon) the Court moves on to the second part of its test: the competitive effects of waiving this nonessential rule. In this part of its analysis, the Court first finds that the effects of the change are "mitigated" by the fact that in the game of golf weather, a "lucky bounce," and "pure chance" provide different conditions for each competitor and individual ability may not "be the sole determinant of the outcome." Ante, at 25. I guess that is why those who follow professional golfing consider Jack Nicklaus the luckiest golfer of all time, only to be challenged of late by the phenomenal luck of Tiger Woods. The Court's empiricism is unpersuasive. "Pure chance" is randomly distributed among the players, but allowing respondent to use a cart gives him a "lucky" break every time he plays. Pure chance also only matters at the margin--a stroke here or there; the cart substantially improves this respondent's competitive prospects beyond a couple of strokes. But even granting that there are significant nonhuman variables affecting competition, that fact does not justify adding another variable that always favors one player.

Trump: We're Still In The Rota!

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I'm not sure what's more impressive: Donald Trump declaring that he's still in The Open Championship rota, or Alex Miceli getting The Donald on the phone in the midst of a presidential campaign.

Either way, Trump sees Turnberry still very much in the rota despite reports of the R&A cooling to the idea.

“I haven't been told that at an all, no,” Trump said Friday by phone about Turnberry being taken off the British Open rota, which first was reported by London’s Independent. “We're working together with the R&A on the design. We have redesigned it, and it's almost completed. It will be opened in July and, no, I haven't heard that at all.”

At all?

Golf Industry Show Wrap: More Affordable Sustainability?

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The annual Golf Industry Show wrapped in San Diego and the mood certainly seemed positive. Perhaps it was the location--not Orlando--because I sensed the good vibes ran deeper than normal.

So many of the products and folks we talked to for Golf Channel's Morning Drive gave the impression that forward-thinking ways are finally leading to affordable sustainability solutions.

There were also a few first world solution solvers, like grass on top of irrigation heads and drones to detect turf health.

Here are the four GIS pieces shot and produced by Donald Goertz and hosted by yours truly.

Offbeat tech.

New tech.

Overview and Rhett Evans interview.

Electric Avenue (electric only products):

Perth: World's First "Recognizeable" Course Is Spared

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Jamie Buchan reports the various cuts that were decided on in Perth, where the golf course operational deficit was a mere drop in the bucket. Councillors agreed and spared the historic North Inch, which was facing closer over a fairly small amount of money.

However, proposals to axe the historic North Inch golf course – to save about £100,000 a year – and a reduction in public transport costs were rejected.

GolfPunkHQ also has this story on sparing the course, accompanied by a splendid aerial of the course where golf was played five hundred years ago.

Dale Concannon Tweeted this image depicting the early golf scenes at North Inch:

AT&T Saturday Preview: Hide Your Cell Phones From Bill Murray

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Another brutal CBS-produced Golf Channel telecast aired Friday from the otherwise-glorious-looking Pebble Beach. The whole mess reminded us that no plug is off-limits to producer Lance Barrow. (We even got a FedEx VP briefcase going for 3 minutes on the greatness of the FedExCup. In February.)

And I won't even get into all of the other B-listers and missed great rounds from Phil Mickelson (Jason Sobel report here) and Sung Kang (Mike McCallister's PGATour.com report here).

However...there could be drama at AT&T Saturday in between shots of the PNC Chairman and favored CBS Pacific Grove eateries when Bill Murray returns, except with apparent issues (at times) with fans wanting selfies.

A few of you up at the tournament sent in reports, and Gossip Cop was brave enough to report on Murray heaving some cell phones off a restaurant balcony Thursday night.

On Thursday night, Murray was at the restaurant Vesuvio, where Justin Timberlake was throwing a party for his 901 tequila, when a number of fans bombarded the comedic actor and started repeatedly taking flash photos of him. Murray, who’s usually very accommodating, became annoyed with the too-close-for-comfort fans, and grabbed some of their phones and tossed them over the restaurant’s second floor rooftop

Oy Vey: Ryder Cup Team Dinners, Tiger Wants A Fishing Trip

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Since this was revealed earlier in the week, I've been trying to ponder how this is not embarrassing overkill and failing.

It was Nick Faldo's sigh at the topic during today's telecast that didn't help matters. Granted, he's not the Winston Churchill of captains, but still, here goes: Davis Love is planning a Ryder Cup team bonding dinner at the Honda Classic. Oh, and assistant captain Tiger Woods, who wouldn't have been caught dead at any kind of Ryder Cup bonding exercise in his prime, is suggesting a...fishing trip?

Go Europe!

From Doug Ferguson's AP notes column:

"We're going to have a dinner during the week of Honda, and then we'll probably have two or three more," Love said Wednesday. "So I'm going to be a little bit more focused this time on the start, work my way through the points list and make sure that we've got everybody covered — not wait until the Memorial Tournament when we have a clothes fitting to talk to the guys for the first time."

USA, USA!

And this is just nauseating...

Love also said another vice captain, Tiger Woods, suggested getting together away from the golf course, perhaps a fishing trip to hang out and talk shop.

"I think if we all get to know each other a little bit better in March and April and May, rather than waiting until August and September, we're going to be better off," he said.

Or not.

Judge To Tour Caddies: Bibs Are Your Uniforms

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That's what Judge Vince Chhabria wrote in dismissing the federal lawsuit filed by 168 tour caddies.

You may recall that caddies were suing over a host of issues, but the primary issue was with having to wear caddie bibs with tournament or other sponsor branding, free of compensation.

Rex Hoggard reports:

“Even if this contract language might appear susceptible to two different interpretations when considered in isolation, there is only one reasonable interpretation when the language is considered in the context of this case,” Chhabria wrote. “The bib has been the primary part of the ‘uniform’ that the Tour requires caddies to wear.”

Jordan Spieth Rested And Has His Speeds Back

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With a week off following his trips to Abu Dhabi and Singapore where he complained of fatigue, Jordan Spieth says a week off has him refreshed and ready for Pebble Beach.

Will Gray reports for GolfChannel.com:

“I feel great. I feel very rested now,” Spieth said Wednesday. “It’s amazing what a solid week back here of kind of rest and regeneration will do. My speeds are where they need to be, my rest is back, everything feels good.”

Speeds? Could a Spieth linguistics slideshow be looming somewhere down the line?

Spieth and Jake Owen tee off at 11:55 Thursday with Dustin Johnson and Wayne Gretzky. Gray previews that and other notable celebrity/pro groupings.

Lydia Ko: Olympics Are Priority No. 1

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I'm fairly certain world No. 1 Lydia Ko has always been excited about the Olympics, as have all of the women getting their first chance at a gold medal. But it's still fun to see players sounding more and more excited about golf's return to the Olympiad.

From an unbylined AP story:

Ko, who will defend her New Zealand Open title from Friday, said there was ''so much excitement and vibe'' around the Olympic tournament, ''especially as it's the first time women will play at the Olympics in golf.''

The 18-year-old New Zealander said ''ever since they announced that golf will be in the Olympics I said, 'Hey, I want to get myself on that team.' For any athlete to say you're an Olympian is a whole new proud feeling, and to represent your country on such an international stage it's going to be a pretty special week.''