Blog on the Run: Reloaded

Wednesday, August 19, 2009 8:48 pm

See, the problem is that the Declaration of Independence isn’t a legally binding document

Life, liberty and the pursuit of happiness? Associate Justice Antonin Scalia says that’s just so 1776:

“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,” wrote Scalia. “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.”

And he says this like it’s a good thing.


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