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.
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