Justice Antonin Scalia and the Supreme Court's Conservative Moment

By Christopher E. Smith | Go to book overview

3
Justice Scalia's Judicial Behavior

As indicated by the previous chapter's overview of Justice Scalia's judicial philosophy and influence on constitutional jurisprudence, he has earned a reputation for being a brilliant, outspoken, and influential proponent of clearly defined ideas. Although Scalia has not always persuaded other justices to agree with his reasoning, his opinions usually produce the same outcomes favored by the Rehnquist Court's conservative majority. Why, then, has Scalia been unable to achieve his vision? Why have the conservatives been unwilling or unable to act in concert in reversing the Warren Court's judicial role and doctrines that political conservatives find so objectionable? In large part, the answers to these questions can be found by examining other aspects of Justice Scalia's judicial behavior that detract from his ability to influence his like-minded colleagues consistently and effectively.


DECISION MAKING IN THE SUPREME COURT

The stereotypical image of decision making in courts, including the Supreme Court, portrays judicial officers as wise and learned experts on legal matters who answer the

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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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