| − | After serving more than two decades on the Court, Justice Scalia's first major decision was in ''D.C. v. Heller'', where he held together a narrow 5-4 decision in favor of an individual right to bear arms. During the tenure of Chief Justice [[William Rehnquist]], he tended to assign key decisions to himself to draft.<ref>''See, e.g.'', key 5-4 opinions written by Chief Justice Rehnquist in ''United States v. Morrison'', 529 U.S. 598 (2000) (invaliding federal law over domestic violence based on federalism); ''Boy Scouts of Am. v. Dale'', 530 U.S. 640 (2000) (holding that the Boy Scouts have a constitutional right not to allow openly homosexual scout leaders).</ref> Chief Justice [[John Roberts]], who replaced Rehnquist, also seems to be keeping the key decisions for himself to write.<ref>''Rumsfeld v. Forum for Academic and Institutional Rights, Inc.'', 547 U.S. 47 (2006)</ref> | + | After serving more than two decades on the Court, Justice Scalia's first major decision was in ''D.C. v. Heller'', where he held together a narrow 5-4 decision in favor of an individual right to bear arms. During the tenure of Chief Justice [[William Rehnquist]], Rehnquist tended to assign key decisions to himself to draft.<ref>''See, e.g.'', key 5-4 opinions written by Chief Justice Rehnquist in ''United States v. Morrison'', 529 U.S. 598 (2000) (invaliding federal law over domestic violence based on federalism); ''Boy Scouts of Am. v. Dale'', 530 U.S. 640 (2000) (holding that the Boy Scouts have a constitutional right not to allow openly homosexual scout leaders).</ref> Chief Justice [[John Roberts]], who replaced Rehnquist, also seems to be keeping the key decisions for himself to write.<ref>''Rumsfeld v. Forum for Academic and Institutional Rights, Inc.'', 547 U.S. 47 (2006)</ref> |
| | When major cases have been assigned to Justice Scalia, some 5-vote majorities have proven elusive. For example, Justice Scalia was assigned to write the opinion for the Court in ''Rapanos v. United States'', 126 S. Ct. 2208 (2006), one of the most important environmental cases in years. However, Justice Kennedy refused to join Justice Scalia's opinion and thus it lacked a majority and was unable to establish a meaningful precedent. In another leading case, ''Employment Div. v. Smith'', 485 U.S. 660 (1988), Justice Scalia was supported by a majority of the Court but wrote an opinion that was widely criticized by both [[conservatives]] and [[liberals]]. They joined to reverse Scalia's decision with a statute passed by Congress. | | When major cases have been assigned to Justice Scalia, some 5-vote majorities have proven elusive. For example, Justice Scalia was assigned to write the opinion for the Court in ''Rapanos v. United States'', 126 S. Ct. 2208 (2006), one of the most important environmental cases in years. However, Justice Kennedy refused to join Justice Scalia's opinion and thus it lacked a majority and was unable to establish a meaningful precedent. In another leading case, ''Employment Div. v. Smith'', 485 U.S. 660 (1988), Justice Scalia was supported by a majority of the Court but wrote an opinion that was widely criticized by both [[conservatives]] and [[liberals]]. They joined to reverse Scalia's decision with a statute passed by Congress. |