Supreme Court of the United States

Brown v. Legal Foundation of Washington — Scalia, J., Dissenting

March 26, 2003538 U.S. 216

Summary

Justice Scalia dissents from the Court’s judgment that Washington’s IOLTA program does not require compensation because petitioners suffered no net loss. He argues precedents compel entitlement to the fair market value of interest generated by client funds. Kennedy also dissents, joining the dissent in full and adding observations on the First Amendment consequences of the State’s monopoly.