Justice Antonin Scalia and the Supreme Court's Conservative Moment

By Christopher E. Smith | Go to book overview

tone" 122 undoubtedly made them very conscious of what they were saying in opinions while simultaneously deciding other pending cases. Thus, Scalia's powerful impact on the abortion issue by inadvertently contributing to the defeat of a primary conservative policy objective, namely the overturning of Roe, carried over into the school prayer case because that case implicated the same jurisprudential issue (i.e., stare decisis) that was central to the counterarguments directed at Scalia in the abortion case. When Scalia's judicial behavior and the tone of his opinions pushed his conservative allies away in the abortion case, they needed to stay away from Scalia in other cases, too, in order to maintain an image of consistency.


NOTES
1.
David Kaplan and Bob Cohn, "The Court's Mr. Right," Newsweek, 5 November 1990, p. 62.
2.
United States v. Leon, 468 U.S. 897, 922 ( 1984).
3.
Texas v. Johnson, 109 S. Ct. 2533 ( 1989); United States v. Eichman, 110 S. Ct. 2404 ( 1990).
4.
Weeks v. United States, 232 U.S. 383 ( 1914).
5.
Barron v. Baltimore, 7 Peters 243 ( 1833).
6.
Gitlow v. New York, 268 U.S. 652 ( 1925).
7.
Near v. Minnesota, 283 U.S. 697 ( 1931).
8.
Wolf v. Colorado, 338 U.S. 25 ( 1949).
9.
Rochin v. California, 3342 U.S. 165 ( 1952).
10.
Mapp v. Ohio, 367 U.S. 643 ( 1961).
11.
Peter F. Nardulli, "The Societal Costs of the Exclusionary Rule: An Empirical Assessment," American Bar Foundation Research Journal ( 1983): 585-690; Thomas Y. Davies, "A Hard Look at What We Know (and Still Need to Learn) About the 'Costs' of the Exclusionary Rule: The NIJ Study and Other Studies of 'Lost' Arrests," American Bar Foundation Research Journal ( 1983): 611-690.
12.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 421-427 ( 1971) ( Burger, C.J., dissenting).
13.
Nix v. Williams, 467 U.S. 431 ( 1984).
14.
United States v. Leon, 468 U.S. 897 ( 1984).

-115-

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Justice Antonin Scalia and the Supreme Court's Conservative Moment
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • 1 - The Supreme Court's Conservative Moment 1
  • Notes 20
  • 2 - Justice Antonin Scalia 25
  • Conclusion 50
  • Notes 51
  • 3 - Justice Scalia's Judicial Behavior 55
  • Notes 73
  • 4 - Justice Scalia and the Failure of the Conservative Agenda 77
  • Notes 115
  • 5 - The Influence of the Individual Justice 121
  • Notes 134
  • Select Bibliography 137
  • Index 139
  • About the Author 148
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