"The most conscientious probing of the text and the interstices of the Sherman Law", wrote Frankfurter, "fails to disclose that Congress, whose will we are enforcing, excluded baseball - the conditions under which that sport is carried on - from the scope of the Sherman Law but included football."
Harlan, who had been part of the majority in Toolson and International Boxing, also saw the majority as purely arbitrary in his short dissent.