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0 Subject: On Scalia's dissenting blast in Davis v Georgia

Posted by: Perm Dude
- [154552311] Wed, Aug 19, 2009, 19:34

Lee Kovarsky with a nice post on Scalia's disingenuous

Alan Dershowitz with a nice example on the way to questioning Scalia's Catholicism in the case

Finally, Conor Clarke comes around.
1Seattle Zen
      ID: 277501918
      Wed, Aug 19, 2009, 21:08
From the Dershowitz piece:
If a defendant were convicted, after a constitutionally unflawed trial, of murdering his wife, and then came to the Supreme Court with his very much alive wife at his side, and sought a new trial based on newly discovered evidence (namely that his wife was alive), these two justices would tell him, in effect: “Look, your wife may be alive as a matter of fact, but as a matter of constitutional law, she’s dead, and as for you, Mr. Innocent Defendant, you’re dead, too, since there is no constitutional right not to be executed merely because you’re innocent.”

Ridiculous. History will be very harsh on Antonin.
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