Bench Memos - National Review Online: "First, and most obviously: He was unwilling to faithfully apply the Constitution in one of the most important cases, if not the most important case, he will ever decide. Yes, I know, he took the conservative/Burkean step of applying the doctrine of constitutional avoidance, and found what he believed to be a “fairly possible” solution that would avoid striking a major federal statute. But here is a question for my friends who make that argument: Would you have done the same or would you have sided with the dissenting justices? Why? The bottom line is that he took a position that his conservative colleagues, three of whom consider themselves originalists, refused to join even in part."
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