Connecticut v. Doehr
Scalia's concurrence
### Scalia's concurrence

[Justice Scalia](/wiki/Antonin_Scalia "Antonin Scalia") filed a one\-paragraph opinion concurring in part and concurring in the judgment. The only Justice who declined to join Part II of Justice White's opinion, he opined that because the Connecticut pre\-judgment attachment procedure was "unknown at common law," it must be evaluated in light of the balancing test for due process that the Court set forth in *Mathews v. Eldridge* and agreed that it failed that test.


Can a procedure that fails the balancing test for due process still be considered constitutional?