The Appellate Jurisprudence of Justice Antonin Scalia

Justice Antonin Scalia, Constitutional Discourse, and the Legalistic State

“…The other category of research, that of legal scholars, evaluates appellate court doctrine as a product of a closed system of legal discourse entirely free of political determination (for examples, see Baker & Wheatley 1988;Gelfand & Werhan 1990;King 1988;Marshall 1989-90;Nagareda 1987;Scatera 1987;Wyszynski 1989). This article, relying on an approach suggested by the French sociologist Pierre Bourdieu (1987), examines how the votes and opinions of a justice are a function of the logic and discourse of his &dquo;field of practice.&dquo; The field of practice is a partially autonomous political space relatively independent of external pressures and determinations.…”

Justice Antonin Scalia, Constitutional Discourse, and the Legalistic State

“…Despite occasional confounding opinions or votes, he has supported contemporary conservative ideological positions on the scope of personal and minority rights, the policy-making discretion of the executive, and the rights of property owners (Baugh 1989;Brisbin 1990;Kanner 1990;King 1988; Moore & Fields 1988;Nagareda 1987;Rubin & Melone 1988;Wilson 1986Wilson : 1181Wilson -1203Wyszynski 1989). His opinions and voting patterns have aligned him closely with the other Reagan administration appointees to the Court and with Chief Justice William Rehnquist.…”