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The first victim of the public uproar was Supreme Court Justice Russell M. Nigro who became the first Pennsylvania Supreme Court Justice to be denied retention.
Justice Scalia, joined by Justice Thomas, agreed that the Pennsylvania Supreme Court's decision must be reversed, but disagreed with the mode of analysis that should be applied.
He was commissioned to paint Robert C. Nix, a former Pennsylvania Supreme Court Chief Justice, for the Pennsylvania Bar Association.
John C. Bell, Jr., an Associate Justice and Chief Justice of the Pennsylvania Supreme Court