How does Justice Antonin Scalia live with himself?
Twelve years ago, in a forum at the University of Chicago Divinity School, Supreme Court Justice Antonin Scalia said this:
[W]hile my views on the morality of the death penalty have nothing to do with how I vote as a judge, they have a lot to do with whether I can or should be a judge at all. To put the point in the blunt terms employed by Justice Harold Blackmun towards the end of his career on the bench, when he announced that he would henceforth vote (as Justices William Brennan and Thurgood Marshall had previously done) to overturn all death sentences, when I sit on a Court that reviews and affirms capital convictions, I am part of “the machinery of death.” My vote, when joined with at least four others, is, in most cases, the last step that permits an execution to proceed. I could not take part in that process if I believed what was being done to be immoral.
But Heather Digby Parton, writing in Salon, RAISES A QUESTION:
One might wonder how he [Scalia] can stay on the court after the revelation last week that two convicted murderers he once described as lucky to be given the blessing of a lethal injection have turned out to be innocent. That’s right, this is about the case everyone’s been talking about — the two brothers, both mentally disabled, who were railroaded onto death row some 30 years ago with coerced confessions by a corrupt police department.
Worst of all, Justice Scalia and other death penalty proponents who find nothing immoral in the state’s conscious, coldblooded taking of a life are equally unconcerned that they might be taking the life of an innocent person. The horrifying injustice in such a mistake (or criminal corruption) is irrelevant. Apparently as long as the train of the legal system runs on time there’s no cause for him to lose any sleep.