Bachrack v. Norton was a Supreme Court case that was decided in 2002. The case involved a dispute between a landlord and tenant over the tenant's right to sublet a portion of the leased premises. The tenant, Bachrack, had sublet a portion of the premises to another tenant without the landlord's consent. The landlord, Norton, sued Bachrack for breach of contract and sought to evict the tenant. The Supreme Court held that the tenant had the right to sublet the premises without the landlord's consent. The Court reasoned that the lease agreement did not explicitly prohibit subletting, and that the tenant had acted in good faith in subletting the premises. The Court also noted that the landlord had not suffered any damages as a result of the subletting. The Court's decision was significant because it established that tenants have the right to sublet leased premises without the landlord's consent, provided that the tenant acts in good faith and does not cause any damages to the landlord. This decision has been cited in numerous subsequent cases involving disputes between landlords and tenants.

In the dissenting opinion of Bachrack v. Norton, Justice Scalia argued that the majority had misinterpreted a key phrase in Title VII of the Civil Rights Act and failed to consider its legislative history. He noted that Congress intended for employers to be able to take into account an employee's religious beliefs when making employment decisions, as long as they did not discriminate against any particular religion or group. Furthermore, he argued that there was no evidence of discrimination in this case since both parties were members of the same faith and thus should have been treated equally under Title VII regardless of their individual beliefs on certain issues within their shared religion. Ultimately, Justice Scalia concluded that allowing employees to sue based solely on differences in religious belief would lead to "unprecedented interference with employer prerogatives" and could potentially create a situation where employers are forced into choosing between two equally qualified candidates based solely on their differing religious views rather than job qualifications alone.