You take somebody on a golf course and their character defects and shortcomings come out. That’s how I picked my manager, my accountant, and my lawyer. You get someone who hits a bad shot and who goes crazy, and throws the club, you want him working for you? You want him to represent you? You get someone who hits a bad shot and who goes “how can I correct that? Do you have any ideas?” That’s the guy I hire. But also, I work all the time. I don’t take big vacations. Sometimes, a golf game is the only thing I get.
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On the golf course he explained the importance of strict adherence to the rules. Any cheating was sure to be noticed by other golfers, who would likely infer that anyone who cheated at golf might violate other rules as well. I have thought of him over and over again when young lawyers have asked me for advice about practicing law, and I have responded by telling them that a lawyer’s most valuable asset is his or her reputation for integrity. Bending the rules may provide a benefit to a client, but that benefit is always outweighed by the inevitable injury to the lawyer’s good name.
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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.
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