In the original version of Scalia’s dissent, which was eventually corrected, Scalia misrepresented the position of a party in another case about the Environmental Protection Agency’s regulatory authority: Whitman v. American Trucking Assns. The Supreme Court has since posted a corrected version of the dissent.
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Scalia Publishes Dissent with Glaring Factual Error
The first version of Justice Antonin Scalia’s dissent in EPA v. EME Homer City Generation released to the public contained an embarrassing factual error. That's according to a law professor from Case Western Reserve University School of Law in a piece written for the Washington Post.
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