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To: ellery
Yes, Scalia and Thomas can disagree -- but when's the last time Scalia voted with the entire liberal judge bloc against Thomas, Rhenquist and O'Connor?

Who was with Scalia in the wine shipping case? I know the conservatives were split on that one I think.

I'm pretty sure in the flag burning case, he was with the libs. Scalia has always had a weird version of a libertarian streak but also alot of stare desis in him too.

32 posted on 06/07/2005 5:39:49 PM PDT by Sonny M ("oderint dum metuant")
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To: Sonny M
"I'm pretty sure in the flag burning case, he was with the libs."

You're right, however in that case the majority was formed by Brennan, Marshall, Blackmun, Scalia and Kennedy, while Rehnquist, White, Stevens and O'Connor dissented, so it wasn't exactly along liberal/conservative lines, as Stevens wrote a very sharp dissent.

40 posted on 06/07/2005 6:28:04 PM PDT by Tarkin
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