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Scalia: Constitution Doesn't Recognize Claims of Innocence After Verdict


Via Left in Alabama, Justice Scalia had this to say about the Troy Davis case, in which he dissented from the majority which ordered Davis get a hearing on his innocence claim. Davis, you may know, has had one of the the most compelling claims of innocence in decades. According to Justice Scalia:

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.

Left in Alabama responds:[More...]

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Justice Scalia on "60 Minutes"

"60 Minutes" featured Justice Anton Scalia tonight.

He's a very personable fellow. Among the highlights and lowlights so far:

  • torture is not punishment when you are trying to get information out of someone
  • Fetuses are not persons within the meaning of the Equal Protection Clause. Persons means people who can walk around. Pregnant women shouldn't be counted twice.
  • He has 9 kids and 28 grandkids. He was an only child. Why? They practiced their version of "Vatican Roulette."

If you saw it, let us know what you thought.

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Justice Scalia Defends Torture

If you've forgotten what happens when Republican Presidents appoint Supreme Court Justices, and why it's so important we not elect another one in November, check out this BBC interview with Justice Anton Scalia.

In a wide-ranging discussion, he defends his often controversial positions on issues like Guantanamo Bay, argues that torture may be legal and attacks the "sick" practice of televising trials.

...Justice Scalia says that it is far from clear that torture is unconstitutional and says that it may be legal to "smack [a suspect] in the face" if the suspect is concealing information which could endanger the public.

On abortion and the death penalty:

He says there is nothing in the Constitution that grants women the right to an abortion.

The death penalty, he argues, is not covered by the 8th Amendment's ban on "cruel and unusual punishment."

John McCain promises to appoint more judges in the mold of Scalia, Roberts and Alito. We get the Government we elect.

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