Rogers v. Tennessee — Scalia, J., dissenting

Summary

Justice Scalia, joined in full by Justices Stevens and Thomas and in part by Justice Breyer, dissented from the approval of Rogers's murder conviction. He would have held that due process prohibits a court from retroactively eliminating an established element of a crime and applying that change to earlier conduct, regardless of whether the change was foreseeable. Justice Breyer, dissenting separately, agreed that the retroactive application violated fair-warning principles, while Justice Stevens emphasized the threat to liberty from retroactive criminal-law changes.