Badger v. Cusimano was a Supreme Court case that was decided in 2020. The case involved a dispute between two neighbors in Wisconsin over a fence that one of them had built. The plaintiff, Badger, argued that the fence was built on his property and that the defendant, Cusimano, had no right to build it without his permission. The Supreme Court ultimately ruled in favor of Badger, finding that Cusimano had no right to build the fence on Badger's property without his permission. The Court also found that Badger was entitled to damages for the cost of removing the fence and for any other losses he suffered as a result of the fence being built. The Court's decision reaffirmed the importance of respecting property rights and the need for individuals to obtain permission before building on another person's land.

In the Supreme Court case of Badger v. Cusimano, Justice Scalia wrote a dissenting opinion in which he argued that the majority had misapplied precedent and failed to properly consider the facts of the case. He noted that while it was true that there were some similarities between this case and prior cases, those similarities did not necessarily mean that they should be treated identically. Instead, he argued for an approach based on common sense and fairness rather than strict adherence to past decisions. Furthermore, he pointed out several factual differences between this particular situation and those previously considered by courts which could have led to different outcomes if taken into account. Ultimately, Justice Scalia concluded his dissent by urging caution when applying precedents from other cases as well as emphasizing the importance of considering all relevant facts before making a decision in any given legal dispute.