One noteworthy item about yesterday’s violent video game case was the lineup: The majority opinion was written by Justice Scalia and joined by Justice Kennedy plus three of the Court’s liberals (Justices Ginsburg, Sotomayor, and Kagan); Justice Breyer and the three other conservatives (Chief Justice Roberts, Justice Alito, and Justice Thomas) were largely on the other side. Chief Justice Roberts and Justice Alito agreed that this particular law was unconstitutional, but for reasons that were considerably narrower than the majority’s; it seems fair to see this as a 5-4 case as to a big part of the issue.
Here’s my question: In what other cases were Justices Scalia and Kennedy in the majority, joined by liberal Justices but no other conservative Justices? (Let’s not quibble about liberal vs. conservative here; I label moderate liberals as liberals for purposes of this question, and moderate conservatives, such as Justice Kennedy, as conservatives.) I can think of four such cases, beyond the violent video game case, but there might well be others.