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Scalia done been called out!

scalias.jpgLast week, Alan Dershowitz called the Scalia to the mat. In a recent dissent in a death penalty case, Dershowitz says that Scalia says the Constitution doesn’t forbid the execution of a death penalty convict who later is able to convince a court he’s actually innocent (I say that this is what Dershowitz says the Scalia says because I haven’t actually read the dissent, and only have the excerpts Dershowitz gives us to go on — but it sure comes out that way). Dershowitz then cites to a piece written by Scalia back in ‘02 where he said if his religion ever conflicted with his ability to judge, he’d step down from the bench.

So Dershowitz is calling the Scalia out:

I invite him to participate in the debate at Harvard Law School, at Georgetown Law School, or anywhere else of his choosing. The stakes are high, because if he loses—if it is clear that his constitutional views permitting the execution of factually innocent defendants are inconsistent with the teachings of the Catholic Church—then, pursuant to his own published writings, he would have no choice but to conform his constitutional views to the teachings of the Catholic Church or to resign from the Supreme Court.

Whaddaya say, Scalia?

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Comments

I'm no law expert, but that seems like a pretty broad interpretation of Scalias dissent (available here, btw: http://mpomy.com/Davis.pdf). As far as I can tell Scalia says that specific precedent denies SCOTUS the authority to do what this decision does... and also notes that the "new" evidence has been reviewed at least 3 times by the appropriate courts over the last decade.

I don't know why people get so upset about Scalia sticking to the letter of the law; that's what he's supposed to do. That way we're in charge of him rather than the other way around. Would you rather that someone with his political bent decided based on his personal opinion of who was in the right?