Bunting v. Mellen — Scalia, J., dissenting

Summary

Justice Scalia dissents from the denial of certiorari, arguing the Court should have granted review despite the petitioner’s prevailing judgment on qualified immunity. He asserts that the Fourth Circuit’s holding that the prayer violated the Establishment Clause warrants Supreme Court attention to address circuit conflict and clarify the impact of the constitutional-question-first sequence mandated in Saucier v. Katz.