Tag: Clarence Thomas

Justice Thomas on Antonin Scalia

Justice Thomas on Antonin Scalia

He spoke to us about Win­ston Churchill in San Fran­cis­co in 2009. Ever since, I have sought out the uncom­mon speech­es of Jus­tice Clarence Thomas. Invari­ably I find them mov­ing, elo­quent, and instruc­tive on things I haven’t con­sid­ered sufficiently.

Such was his Novem­ber 2016 trib­ute to Antonin Scalia, giv­en to the Fed­er­al­ist Soci­ety. He began with exam­ples of the late Justice’s wit (beloved alike by Jus­tice Thomas and Jus­tice Ruth Bad­er Gins­burg. Respec­tive­ly, they agreed with Scalia most of the time—and lit­tle of the time.):

In PGA Tour vs. Mar­tin [Scalia] wrote: “I am sure that the framers of the U.S. Con­sti­tu­tion aware of the 1457 edict of King James II of Scot­land, pro­hibit­ing golf because it inter­fered with the prac­tice of archery, 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 the 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?”…

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