Justice Antonin Scalia and the Supreme Court's Conservative Moment

By Christopher E. Smith | Go to book overview

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.


NOTES
1.
William H. Rehnquist, The Supreme Court: How It Was, How It Is ( New York: William Morrow, 1987), p. 291.
2.
Minersville v. Gobitis, 310 U.S. 586 ( 1940).
3.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 ( 1943).
4.
See H. W. Perry Jr., Deciding to Decide ( Cambridge, Mass.: Harvard University Press, 1991).
5.
Walter F. Murphy, Elements of Judicial Strategy ( Chicago: University of Chicago Press, 1964).
6.
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.
7.
See James F. Simon, The Antagonists: Hugo Black, Felix Frankfurter, and Civil Liberties in Modern America ( New York: Simon & Schuster, 1989).
8.
See J. Woodford Howard, "On Fluidity of Judicial Choice," American Political Science Review 62 ( 1968): 48-49.
9.
David Kaplan, "A Master Builder," Newsweek, 30 July 1990, pp. 19-20.

-73-

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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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