Scalia called the dormant commerce clause a “judicial fraud” which he nonetheless sometimes adhered to. See Comptroller of Treasury of Maryland v. Wynne
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Dormant commerce clause another area of split between Scalia (who assented on grounds of respect for precedent) and Thomas. Indeed, I argue the biggest criticism from the right of Scalia is that he wasn't faithful enough to originalism and textualism. https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen … https://twitter.com/cterbeek/status/972641722911068161 …
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The Scalian acolytes will be more Scalia than Scalia!
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