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Justice Antonin Scalia speculated that there might be a conflict in his 2009 concurrence in Ricci v.

For example, the administration has ousted independent agency officials who, by statute, can only be removed for cause while relying on a 1988 dissenting opinion from Scalia in a case that was decided 8–1.

He quoted Justice Antonin Scalia’s recognition in Scott that courts must “slosh through the fact-bound morass of reasonableness.”

The federal court should have heeded the advice of Justice Antonin Scalia in the 2000 Bush v.

Scalia issued a concurring opinion arguing that stopping the counting until the constitutional issues could be addressed made sense in this context: