The best news controversy of the week, for my money, is the alleged falling out between Scalia and Alito. During Alito's Senate confirmation hearing, it was predicted that Alito would be Baby Scalia, following in the arch conservative jurist's footsteps.



But it seems a rift has emerged. The media has made a bigger deal out of it than need be, most likely. But in an age when Jessica Simpson vs. Lindsay Lohan and Nicole Ritchie vs. Paris Hilton pass as celebrity feuds, its nice to see one of substance.





Earlier this week, Alito wrote the court's unanimous opinion in Zedner v. United States, which involved a dispute regarding the Speedy Trial Act. Alito cited legislative history, much to Scalia's chagrin. Scalia had spoken out against interpreting Congressional acts in decisions previously, and he rebuked Alito for it in his concurrence.



"Because the use of legislative history is illegitimate and ill advised in the interpretation of any statute -- and especially a statute that is clear on its face -- I do not join this portion of the Court's opinion."

- Scalia



Alito had the chance to appease Scalia by removing the offending paragraph but opted not to do so. Some are saying that this may be evidence that Alito will not wind up being the conservative extremist many predicted him to be.