Supreme Court of the United States June 24, 2002, 01-518 (BE&K Construction Co. v. National Labor Relations Board)

Justice Scalia,

with whom Justice Thomas joins, concurring.

Although the Court scrupulously avoids deciding the question (which is not presented in this case), I agree with Justice Breyer that the implication of our decision today is that, in a future appropriate case, we will construe the National Labor Relations Act (NLRA) in the same way we have already construed the Sherman Act: to prohibit