Miscellaneous

Scalia done been called out!

Last 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?

Full post as published by Quiz Law on August 24, 2009 (boomark / email).