Antonin Scalia

“ Since necessity does not depend upon a litigant's state of mind, the inherent sanctioning power must extend to situations involving less than bad faith. For example, a court has the power to dismiss when counsel fails to appear for trial, even if this is a consequence of negligence rather than bad faith. ”

“ I agree with the Court that Article III courts, as an independent and coequal Branch of Government, derive from the Constitution itself, once they have been created and their jurisdiction established, the authority to do what courts have traditionally done in order to accomplish their assigned tasks. ”

“ To fine for contempt-imprison for contumacy-inforce the observance of order, & c. are powers which cannot be dispensed with in a Court, because they are necessary to the exercise of all others: and so far our Courts no doubt possess powers not immediately derived from statute. . . ." United States v. Hudson, 7 Cranch 32, 34, 3 L.Ed. 259 (1812) .
I think some explanation might be useful regarding the "bad faith" limitation that the Court alludes to today, see ante, at 47. ”