Author and lawyer Scott Turow opines in the New York Times Magazine today that Justice Anton Scalia is a civil libertarian who may decide against the Administration in terror cases.

On Scalia's originalist philosophy:

Justice Scalia is led to these seemingly divergent positions by his unyielding adherence to a school of constitutional interpretation called originalism. To Scalia, the Bill of Rights means exactly what it did in 1791, no more, no less. The needs of an evolving society, he says, should be addressed by legislation rather than the courts.
On the warrantless wiretap challenge when it gets to the high court:
It appears most likely that when the wiretapping program inevitably reaches the court, the justices will have to weigh the president’s claim of inherent authority against the statute in place when the program began. The statute explicitly says its warrant procedure is “the exclusive means” to wiretap calls to or from the U.S. for national security reasons.
Scalia has seldom been a consensus builder on the court, preferring to stick with his own views rather than troll for votes. But his occasional alliance with the court’s more liberal justices could be struck again in future terror cases. The result would be an unequivocal declaration that executive power must yield to constitutional liberties, even when the nation is on the prolonged war footing we seem to have adopted.