 The opinion of the Court permits a judge to use discretion to shackle a defendant under certain circumstances, including protecting people in the courtroom.Breyer also wrote that the determination of whether a defendant should be shackled “must be case specific.” Breyer said that if that is not the case, the shackling violates due process as it did in Deck's case.In the dissent, delivered by Justice Clarence Thomas and joined by Justice Scalia, it was stated that shackling Deck was not excessive because he had already been convicted.