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== Comparison with Justice Scalia ==

== Comparison with Justice Scalia ==

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]].

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]], both feel that the only restriction on how prisons treat inmates is what actually constitutes [[Cruel and Unusual Punishment]] under the [[Eighth Amendment]], and both support strong [[sovereign immunity]] for states by virtue of the [[Eleventh Amendment]].<ref>''Cent. Va. Cmty. College v. Katz'', 546 U.S. 356 (2006) (Thomas and Scalia, JJ., dissenting).</ref>

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.

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.