On May 17, 2010, Justice Kennedy, joined by Chief Justice Roberts and Justices Scalia, Ginsburg, Alito and Sotomayor, delivered the opinion of the Court in holding that a parent's ne exeat right is a "right to custody" under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Remedies Act.
Justice Scalia's dissent was joined by Chief Justice Roberts and justices Alito and Thomas.
In theory, each Justice's clerks write a brief for the Justice outlining the questions presented, and offering a recommendation as to whether certiorari should be granted; in practice, most Justices (all of the current court, except Justice Alito) have their clerks participate in the cert pool.
He was in the news during the hearings for the Samuel Alito Supreme Court nomination in 2005, when he allowed Senate staff members to inspect documents related to the Concerned Alumni of Princeton group, in which Alito was tangentially involved, in the Rusher Papers at the Library of Congress.