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Dershowitz says Davis opinion shows "Scalia's Catholic Betrayal"

By Douglas A. Berman

The title of this post notes the headline of this new piece at the Daily Beast from the pen of Alan Dershowitz. Though I find it a bit odd that a famous Jewish law professor would be lecturing a famous Catholic Associate Justice about Catholicism, I am not too surprised that Dershowitz could not resist going after Justice Scalia for his work in the recent Davis decision.  Here are snippets from the provocative piece: I never thought I would live to see the day when a justice of the Supreme Court would publish the following words: ?This court has neverheld 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...continue to full post

Full post as published by Sentencing Law and Policy on August 19, 2009 (boomark / email).