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== Comparison with Justice Scalia ==

== Comparison with Justice Scalia ==

Justice Thomas is most often compared to Justice [[Antonin Scalia]], as both support overturning ''[[Roe v. Wade]]'' and both reject the existence of a [[Negative Commerce Clause]].  But these Justices have significant differences.  Through the 2006-2007 term, Justice Thomas had written 252 concurrences or dissents, of which Justice Scalia had joined about 2/3rds.  Conversely, Justice Scalia had written 480 concurrences or dissents (he has served more years on the Court), of which Justice Thomas had joined about half.

Justice Thomas is most often compared to Justice [[Antonin Scalia]], both support overturning ''[[Roe v. Wade]]'', both reject the existence of a [[Negative Commerce Clause]] and both feel that the only restriction on how prisons treat inmates is what actually constitutes [[Cruel and Unusual Punishment]] under the [[Eighth Amendment]].   

 

But these Justices have significant differences.  Through the 2006-2007 term, Justice Thomas had written 252 concurrences or dissents, of which Justice Scalia had joined about 2/3rds.  Conversely, Justice Scalia had written 480 concurrences or dissents (he has served more years on the Court), of which Justice Thomas had joined about half.

Justice Scalia typically rejects the use of legislative history more often than Justice Thomas does.  Justice Scalia also rejects the important line of cases establishing a constitutional right of parents to direct the upbringing of their children, ''see [[Pierce v. Society of Sisters]]'', while Justice Thomas has not rejected that line of cases or a constitutional right of parents in some limited cases.<ref>''See, e.g.'', [[Troxel v. Granville]] (2000).</ref>

Justice Scalia typically rejects the use of legislative history more often than Justice Thomas does.  Justice Scalia also rejects the important line of cases establishing a constitutional right of parents to direct the upbringing of their children, ''see [[Pierce v. Society of Sisters]]'', while Justice Thomas has not rejected that line of cases or a constitutional right of parents in some limited cases.<ref>''See, e.g.'', [[Troxel v. Granville]] (2000).</ref>