Changes

*In a case deciding the right of private property against a taking by government, Justice Scalia declined to join the [[conservative]] Justices and provide a much-needed fifth vote to overturn ''Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City'', 473 U.S. 172 (1985), which requires property owners who assert a [[Fifth Amendment]] takings claim based on the final decision of a state or local government entity to first seek compensation in state courts.  ''See'' ''[[San Remo Hotel, L.P. v. City and County of San Francisco]]'', 545 U.S. 323 (2005).

*In a case deciding the right of private property against a taking by government, Justice Scalia declined to join the [[conservative]] Justices and provide a much-needed fifth vote to overturn ''Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City'', 473 U.S. 172 (1985), which requires property owners who assert a [[Fifth Amendment]] takings claim based on the final decision of a state or local government entity to first seek compensation in state courts.  ''See'' ''[[San Remo Hotel, L.P. v. City and County of San Francisco]]'', 545 U.S. 323 (2005).

== Questions about Effectiveness ==

== Increasing Influence ==

After serving more than two decades on the Court, Justice Scalia had written almost no major opinions for the Court.  This may have been be due to the tendency for Chief Justice [[William Rehnquist]] 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]], 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>

When major cases have been assigned to Justice Scalia, he has had trouble writing an opinion that held onto five votes to make it the majority decision for the Court.  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.

Sometimes Justice Scalia has surprisingly disappointed [[conservatives]] in ruling contrary to expectations.  In an issue presented to the [[U.S. Supreme Court]] about whether a Michigan limitation on direct shipment of wine into the state from other states was a violation of the [[dormant Commerce Clause]], Justice Scalia's emphatic opposition to the [[dormant Commerce Clause]] would presumably lead him to uphold the Michigan law.  ''[[Granholm v. Heald]]''.  Instead, he broke with Justices  [[Clarence Thomas]] and [[William Rehnquist]] and provided the 5th vote for a majority opinion written by Justice [[Anthony Kennedy]] invalidating the law on a slightly different rationale.  Justice Scalia has also been hostile to [[conservative]] attorneys who have appeared before him, as in the cases of ''Owasso Indep. Sch. Dist. v. Falvo'' and ''Office of Independent Counsel v. Favish''.

Sometimes Justice Scalia has occasionally disappointed [[conservatives]] in ruling contrary to expectations, typically in low-profile cases.  In an issue presented to the [[U.S. Supreme Court]] about whether a Michigan limitation on direct shipment of wine into the state from other states was a violation of the [[dormant Commerce Clause]], Justice Scalia's emphatic opposition to the [[dormant Commerce Clause]] would presumably lead him to uphold the Michigan law.  ''[[Granholm v. Heald]]''.  Instead, he broke with Justices  [[Clarence Thomas]] and [[William Rehnquist]] and provided the 5th vote for a majority opinion written by Justice [[Anthony Kennedy]] invalidating the law on a slightly different rationale.  Justice Scalia has also been hostile to [[conservative]] attorneys who have appeared before him, as in the cases of ''Owasso Indep. Sch. Dist. v. Falvo'' and ''Office of Independent Counsel v. Favish''.

Sometimes Justice Scalia fails to join an opinion as expected, as when he failed to join Justice Thomas's dissent emphasizing statutory textualism in dissenting from Justice [[Stephen Breyer]]'s majority decision in ''[[Credit Suisse Sec. (USA) LLC v. Billing]]''.

Sometimes Justice Scalia fails to join an opinion as expected, as when he failed to join Justice Thomas's dissent emphasizing statutory textualism in dissenting from Justice [[Stephen Breyer]]'s majority decision in ''[[Credit Suisse Sec. (USA) LLC v. Billing]]''.