Supreme Court of the United States

Legal Services Corporation v. Velazquez — Scalia, J., Dissenting

February 28, 2001531 U.S. 533

Summary

In dissenting from the Court's decision, Justice Scalia concluded that 504(a)(16) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 is constitutional under the First Amendment. He reasoned the LSC Act is a federal subsidy program that does not create a public forum or coerce speech, and therefore controls under Rust v. Sullivan. He further argued the Court erred by not addressing severability, asserting the funding restrictions were essential to Congress's intent for the LSC program.