This has been a long-standing hobbyhorse of mine. But (much of the ludicrously incompetent journalism surrounding his nomination notwithstanding) if you’re a progressive between Alito and Scalia you’d much prefer the latter. Ian Millhiser brings more data:
What makes Alito a partisan is that there is no similar case where his judicial philosophy drove him to a result that put him at odds with his fellow conservatives. Shortly after Hobby Lobby was handed down, ThinkProgress contacted several legal scholars and Supreme Court advocates asking if they could identify a single closely divided case where Alito broke with his fellow conservatives to join the liberals. Most replied that they could not think of any. One, Boston College Law Professor Kent Greenfield, added that “Scalia is a Roosevelt liberal in comparison” to Alito. Another, a progressive attorney who frequently practices in Alito’s Court, wrote back with just four words — “Nope. He’s the worst.”
Read the whole etc.