by Patrick Appel
Scalia’s Constitution does not guarantee a man who has been convicted and sentenced to deathbut who is actually innocenta review of his case. It is certainly true that the Constitution provides no absolute guarantee of justice. But Scalia’s view effectively puts an expense meter on the justice process. Once the process has run through certain steps, that’s it. In his view, it really shouldn’t matter that subsequent evidence establishes that the conviction is mistaken. It’s more efficient simply to implement the decision and execute the innocent man.
Lee Kovarsky has much more.