aimed specific attacks at O'Connor, his annoyance with her
may very well generate reciprocal feelings and reactions.
In any case, Scalia's irritating behavior during oral argument and conference is simply one more manifestation of his
self-righteous confidence that his views are correct and that
he need not participate fully in the cooperative and strategic
interactions that produce compromises and stable majority
coalitions on the Supreme Court. Whether or not Scalia's
courtroom behavior, in particular, alienates him from his
colleagues, as Chapter 4 will discuss in detail, opinions by
several justices in important cases provide strong evidence
that Scalia's strident opinions and individualistic views have
diminished the potential for decision-making cohesiveness
among the Court's conservatives.
William H. Rehnquist, The Supreme Court: How It Was, How
It Is ( New York: William Morrow, 1987), p. 291.
Minersville v. Gobitis, 310 U.S. 586 ( 1940).
West Virginia State Board of Education v. Barnette, 319
U.S. 624 ( 1943).
H. W. Perry Jr., Deciding to Decide ( Cambridge, Mass.: Harvard University Press, 1991).
Walter F. Murphy, Elements of Judicial Strategy ( Chicago: University of Chicago Press, 1964).
David J. Danelski, "The Influence of the Chief Justice in the
Decisional Process of the Supreme Court," in American Court Systems, 2nd ed., eds.
Sheldon Goldman and
Austin Sarat ( New York: Longman, 1989), pp. 486-499.
James F. Simon, The Antagonists: Hugo Black, Felix
Frankfurter, and Civil Liberties in Modern America ( New York: Simon
& Schuster, 1989).
J. Woodford Howard, "On Fluidity of Judicial Choice," American Political Science Review 62 ( 1968): 48-49.
David Kaplan, "A Master Builder," Newsweek, 30 July 1990,
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Justice Antonin Scalia and the Supreme Court's Conservative Moment.
Contributors: Christopher E. Smith - Author.
Publisher: Praeger Publishers.
Place of publication: Westport, CT.
Publication year: 1993.
Page number: 73.
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