Cite as: 518 U. S. 668 (1996)
Scalia, J., dissenting
Favoritism such as this happens all the time in American political life, and no one has ever thought that it violated— of all things—the First Amendment to the Constitution of the United States.
The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize. Depending upon which of today's cases one chooses to consider authoritative, it has either (O'Hare) thrown out vast numbers of practices that are routine in American political life in order to get rid of a few bad apples; or (Umbehr) with the same purpose in mind subjected those routine practices to endless, uncertain, case-by-case, balance-all-the-factors-and-who-knows-who-will-win litigation.
I dissent.
711
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