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.
The decision was generally divided along ideological lines, with Chief Justice Rehnquist and Justices Scalia, Thomas, and Kennedy joining the majority, and Justices Stevens, Breyer, Ginsburg, and Souter dissenting.
Justice Scalia's dissent was joined by Chief Justice Roberts and justices Alito and Thomas.
Sunstein has responded that Randy Barnett's book, Restoring the Lost Constitution, Richard Epstein's constitutional work, and opinions expressed by Clarence Thomas and Antonin Scalia all support "restoring the lost constitution, or what Judge Ginsburg calls the Constitution in Exile," so his use of the term is justified.
Justice Scalia gave a thorough history of the Confrontation Clause, explaining how the Clause became part of the Constitution using famous English cases, such as that of Sir Walter Raleigh.
The case is notable for the justices composing the 5-4 majority, which included the liberal justices (John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer) along with the conservative Scalia, who authored the opinion.
Chief Justice Roberts wrote a concurring opinion, joined by Justices Scalia and Ginsburg, pointing out that from "at least the early 19th century, courts have granted injunctive relief upon a finding of infringement in the vast majority of patent cases," by applying the four-factor test.
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.
According to a July 3, 2011 report by the New York Post the IRS revoked the tax-exempt status from Scalia's "9-11-01 Lest We Forget" charitable group for failing to file a tax return in its decade of existence.
A former clerk for Supreme Court Justice Scalia, he is a scholar of civil litigation practice and procedure.
The opinion of the Court was delivered by Justice Thomas, who was joined by Chief Justice Rehnquist and Justices O'Connor, Scalia, Kennedy, and Souter.
Bonetti (Scalia) goes to Rome to team up with a new "Tequila" dog and the policewoman Fabiana Sasso (Alessia Marcuzzi).