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.
Technically, Scalia is correct. The Constitution is indeed silent on the issue. But the monstrosity of that insensitivity is an abomination. He is saying I don't care if you did it or not. That a court found you guilty, no matter how flawed, means you deserve all contempt. There is something seriously wrong with this guy's basic humanity and he has a twisted sense of the fairness this nation is founded on.
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