Peretz V. United States - Justice Scalia's Dissent

Justice Scalia's Dissent

Because the Court's previous decision came while Peretz's case was pending in the court of appeals, Justice Scalia reasoned that the magistrate judge's involvement was plain error that affected Peretz's substantial rights. In Justice Scalia's view, the Government conceded that the Federal Magistrates Act did not authorize the magistrate's involvement in Peretz's jury selection, as Justice Marshall observed. Accordingly, Justice Scalia would have overturned Peretz's conviction.