Changes

Justice Thomas is more likely than Justice Scalia to enforce a statute that is wrong as a matter of policy, as Justice Thomas is more likely to hold that [[Congress]] alone can fix its own law.<ref>''Volvo Trucks N. Am., Inc. v. Reeder-Simco GMC, Inc.'', 546 U.S. 164 (2006).</ref>

Justice Thomas is more likely than Justice Scalia to enforce a statute that is wrong as a matter of policy, as Justice Thomas is more likely to hold that [[Congress]] alone can fix its own law.<ref>''Volvo Trucks N. Am., Inc. v. Reeder-Simco GMC, Inc.'', 546 U.S. 164 (2006).</ref>

Justice Thomas has called for ending a right of [[free speech]] for students in [[public school]], and stated his view that ''[[Tinker v. Des Moines Independent Community School Dist.]]'', 393 U.S. 503 (1969), "is without basis in the Constitution" and should he overruled.<ref>Morse v. Frederick, 127 S. Ct. 2618, 2630 (2007) (Thomas, J., concurring).</ref>  Neither Justice Scalia nor any other [[conservative]] has yet supported this position of Justice Thomas.

Justice Thomas has called for ending a right of [[free speech]] for students in [[public school]], and stated his view that ''[[Tinker v. Des Moines Independent Community School Dist.]]'', 393 U.S. 503 (1969), "is without basis in the Constitution" and should be overruled.<ref>Morse v. Frederick, 127 S. Ct. 2618, 2630 (2007) (Thomas, J., concurring).</ref>  Neither Justice Scalia nor any other [[conservative]] has yet supported this position of Justice Thomas.

On the [[Negative Commerce Clause]], Justice Thomas is more reliable than Justice Scalia in defending state laws that discriminate against out-of-state companies. Justice Thomas, for example, wrote the dissent in the 5-4 decision invalidating a Michigan law that limited shipments by out-of-state wineries.<ref>''[[Granholm v. Heald]]''</ref>  Justice Scalia split from Justice Thomas and surprisingly joined the more [[liberal]] majority in that case, which was presented using the issue of the [[Negative Commerce Clause]] but then decided based on slightly different grounds.

On the [[Negative Commerce Clause]], Justice Thomas is more reliable than Justice Scalia in defending state laws that discriminate against out-of-state companies. Justice Thomas, for example, wrote the dissent in the 5-4 decision invalidating a Michigan law that limited shipments by out-of-state wineries.<ref>''[[Granholm v. Heald]]''</ref>  Justice Scalia split from Justice Thomas and surprisingly joined the more [[liberal]] majority in that case, which was presented using the issue of the [[Negative Commerce Clause]] but then decided based on slightly different grounds.