Justice Antonin Scalia and the Supreme Court's Conservative Moment

By Christopher E. Smith | Go to book overview

4
Justice Scalia and the Failure of the Conservative Agenda

Justice Scalia's independent viewpoints and outspokenness adversely affected the efforts by political conservatives to use the Supreme Court to advance key policy interests and thereby reverse liberal judicial policies from the Warren and Burger Court eras. Despite the success of Presidents Reagan and Bush in appointing enough conservative justices to the Supreme Court to form a dominant majority, the new majority did not act during its moment of opportunity to eliminate key precedents that were objectionable to conservatives. After his appointment to the Supreme Court, Scalia was viewed by "adoring conservatives . . . [as] the savior who will lead them into the judicial promised land of 'strict construction.'"1 Scalia was willing to use his intellect and skills to advance his conservative judicial philosophy, but aspects of his philosophy and judicial behavior made him ill-suited to the task of leading the Supreme Court's emerging conservative majority.


SCALIA'S THEMES AND LIBERAL OUTCOMES

As described in Chapter 2, Scalia's interpretive themes, including textualism, originalism, and efforts to reduce judi-

-77-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
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
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 150

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.