A Tale of Two Justices (Scalia and Breyer)

Justice Scalia has frequently strayed from the conservative course. In Fourth Amendment cases, he led sharply divided Courts into adopting an expansive view of the Fourth Amendment. He famously joined a five to four majority in constitutionalizing the right to burn the American flag. Additionally, he has led the Court in expanding (or some would say properly maintaining) the scope of the Confrontation Clause. Indeed, in at least some of these cases, Breyer was on the conservative (or state) side. Examines, despite popular opinion to the contrary, the belief that the liberal/conservative split really reflects the difference between the Justices. This Article reviews to the core differences between the Justices.