Tag: Justice Anton Scalia

Dershowitz: Scalia's Death Penalty Remarks a "Betrayal" of Constitution and Church

Professor Alan Dershowitz, writing in the Daily Beast today calls Justice Antonin Scalia's remarks about the death penalty a betrayal of both the Constitution and the Catholic Church.

The Supreme Court justice’s shocking remarks about capital punishment are not just a distortion of the Constitution, says Alan Dershowitz, they’re also an outrage against his church.

My views on Scalia's remarks are here. To recap, Scalia wrote in his dissent in the Troy Davis case:

“This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged ‘actual innocence’ is constitutionally cognizable.”

Alan makes this analogy: [More...]

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