Even the Conservative Antonin Scalia!
By An Arizona vote suppression law goes down 7-2. Scalia’s majority opinion was predictably grudging, but I’ll take it.
I also note the disingenuousness of Alito’s sudden discovery of the principle that there should be a strong presumption against pre-emption:
It should be noted, however, that the presumption against preemption expressed by Thomas and especially Alito in this case is highly selective. When the rights of corporations rather than voters were involved, Alito and Thomas were both willing to find that federal law preempted state law even though the statutory language of the federal law in question clearly did not conflict with the state’s. In fairness, Thomas has at least sporadically been willing to apply a strong presumption against pre-emption when it conflicts with corporate interests. Alito’s presumption against pre-emption extends exactly as far as pre-emption is inconsistent with Republican policy objectives.
Give this to Alito: he’s consistent. Not legally consistent, but…