allowing the State to amend its answer and simply dismissing sua sponte was characterized by Scalia as "what appears to be the chief ground of its decision." Scalia argued that if there was truly no "dispositive difference" between the alternatives, "the natural conclusion would be that there is no compelling reason to disregard the Civil Rules. Legislatively enacted rules are surely entitled to more respect than this apparent presumption that, when nothing substantial hangs on the point, they do not apply as written." Ata minimum, Scalia believed it "a nontrivial value in itself" to observe "the formalities of our adversary system" by requiring the State to amend its own pleading. Scalia also observed that in contrast to the "novel regime" adopted by the majority, there is already a well-developed body of law regarding whether a party should have leave to amend a pleading. "Ockham is offended by today's decision, even if no one else is." Scalia also believed that under the Court's ruling, it would not be an abuse of discretion for a district court to override an affirmative waiver of the defense by the State, and that the Court's assertion to the contrary was "without relevant citation or reasoning." Footnotes External links United States Supreme Court cases United States Supreme Court cases of the Roberts Court United States habeas corpus case law 2006 in United States case law