What people often fail to realize about Justice Scalia (in contrast to Justice Thomas) Is that while J.Scalia is a Conservative, and a pretty darn good one at that, he is at the end of the day, a Law and Order conservative, and his sensibilities in a contest between liberty and the police state will generally skew to the police state.
Justice Thomas otoh, generally sides with Liberty.
He will look first to original intent, and upon finding the answer to the question at hand there will accept and apply it, regardless of whether it's going to be politically convenient or popular.