Yeah, Scalia was certainly conservative and had some literal-genie interpretations of the Constitution, but he wasn't exactly a lapdog. It seemed like he had a fairly libertarian interpretation of the first amendment and probably wouldn't have approved of thinly veiled religious discrimination.
Although not relevant here, Scalia and Stevens dissented in Hamdi v. Rumsfeld. The majority issued a weak sauce opinion that admitted the possibility of detaining a U.S. citizen with some due process short of a trial under some circumstances. Scalia and Stevens pointed out that the government must try a US citizen in regular court unless it suspends habeus corpus.
