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Justice Thomas tends to oppose government power more often than Justice Scalia does.  In a 5-4 decision written by Justice Thomas, from which Justice Scalia dissented, Justice Thomas held that the [[United States]] was wrong to seize $357,144 in cash from a traveler simply because he failed to report it as required by law. Justice Thomas, writing for the Court, held that such a forfeiture "would violate the Excessive Fines Clause of the [[Eighth Amendment]] ... because full forfeiture of respondent's currency would be grossly disproportional to the gravity of his offense."<ref>''United States v. Bajakajian'', 524 U.S. 321, 324 (1998).</ref>

Justice Thomas tends to oppose government power more often than Justice Scalia does.  In a 5-4 decision written by Justice Thomas, from which Justice Scalia dissented, Justice Thomas held that the [[United States]] was wrong to seize $357,144 in cash from a traveler simply because he failed to report it as required by law. Justice Thomas, writing for the Court, held that such a forfeiture "would violate the Excessive Fines Clause of the [[Eighth Amendment]] ... because full forfeiture of respondent's currency would be grossly disproportional to the gravity of his offense."<ref>''United States v. Bajakajian'', 524 U.S. 321, 324 (1998).</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 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 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.

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.