Scalia was never a constitutionalist. He always favored legislating from the bench. The only difference between Scalia and the liberal judges is his political orientation. Their judicial philosophy is the same.
And how about that Thomas. No longer can he be called Scalia's water boy. Scalia may have 20 IQ points on him. Scalia may be the nicer person. Scalia may be better in front of a crowd. But boy can that Thomas write clear and effective opinions:
Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything–and the Federal Government is no longer one of limited and enumerated powers.How could Scalia join the "legislate from the bench" majority with such a clear effective statement of what was at stake?
You can read Thomas' opinion in html here. It is good.