The issue focused on Justice Anthony Kennedy's jurisprudence on constitutional rights and constitutional liability in criminal cases. Justice Kennedy gave Justice Elena Kagan's opinions on constitutional rights "great weight," Justice Scalia wrote in dissent. Justice Scalia noted that Justice Kennedy had argued for constitutional liability for courts that illegally excluded minority lawyers from trial courts and courts that illegally excluded witnesses from trial courts. Justice Scalia noted that Justice Kennedy had argued for constitutional liability for courts that illegally excluded witnesses from trial courts and courts that illegally excluded witnesses from trial