Is Alito “Scalito”?

by Jonathan H. Adler

When Samuel Alito was nominated to the Supreme Court, much was made of his “Scalito” nickname and many predicted he would vote in lockstep with Justice Scalia.  While it’s too early to fully evaluate this prediction, it is worth noting that Justices Scalia and Alito disagreed in four of the five decisions the Court handed down this week.  As Orin Kerr notes here , Justices Scalia and Alito disagreed in all three divided cases handed down yesterday.  Today, they disagreed again in the other case handed down and, while they both joined Justice Kennedy’s majority opinion in the PBA case, Justice Alito (unlike Scalia) did not join Justice Thomas’ opinion stating his disagreement with Casey.