- Supreme Court Justice Antonin Scalia, arguing in 2009 why Troy Davis’ execution should proceed immediately, without any further interference from the Supreme Court. Death panels in America are real. (via socialismartnature)
Scalia has continually shown his belief that courts are about procedure not about justice. What is shameful is that he is not alone in doing this. The US has and will continue to murder the innocent, the oppressed, the non-white. And too many people are proud of that.
Just to reiterate: one of the sitting justices of the highest court in this country, in theory the final place one may turn if all other avenues of justice have failed you, has outright said “We do not care about the actual innocence or guilt of the people we execute in this country. Whether you are guilty or innocent, or whatever flaws there may have been with the original case and trial that condemned you, we don’t give a flying fuck: we will kill you anyway, and consider that justice.”
I don’t even know what can be said at this point.
I looked up the definition of habeas court while I was trying to formulate a response to this statement…..
I think Scalia is a fucking douche.
Either that or he’s misusing the term “habeas court”.
Habeas court is a specific justicial branch which addresses the rights of habeas corpus.
“The basic premise behind habeas corpus is that you cannot be held against your will without just cause.”
Scalia is saying that being convicted is “just cause” to not only hold a man against his will, but also take his life, even if you’re innocent.
The right to Habeas Corpus is guaranteed by the USA Government and has been since it was first written.
Scalia is a constitutional originalist.
“In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws (which is the realm of the legislative branch) but only to uphold them.”
In other words, he’s decided to interpret Habeas Corpus as something that does not require him to listen to the Habeas Court and stay the execution of a man which the Habeas Court considers innocent, but to hold to what is then considered an unjust sentence.
….. I don’t even have words for how utterly horrifying that looks to me.
Scalia claims to be a constitutional originalist but like many such people who claim that label what that means in reality is ‘What I Think The Constitution Should Mean Is What It Means’.