Scalia concurred in a separate opinion, agreeing with the socially liberal majority but refusing to buy off on their logic. I'll wager his decision is the most cogent and constitutionally-sound decision of the bunch. He has yet to disappoint.
Oh... 'splains it a bit.
I'll wager Scalia is trying to smooch up to the administration who brought the case so he can become Chief Injustice.
If the majority reasoning is flawed then their decision is flawed. But he'll go along to get along.
I'm betting he agrees with Thomas in principle, but starts getting touchy-feely when it gets down to application.
Trust me, I am a big Scalia fan, but his dissent here is a disappointment. Check out the other decision today on Cruise lines and ADA, Inspector, I think. Maybe you can reconcile the difference in application of the Commerce Clause in each, I can't. Rehnquist and O'Connor went same way on both, Thomas ans Scalia swapped sides on the two issues.