I have a follow-up post on the Troy Davis case at TAPPED. Among other things, I discuss the famous Scalia concurrence in which he asserts that there is no constitutional right to bring evidence — no matter how compelling — of actual innocence after one had been validly convicted of a capital crime. But why worry?
I can understand, or at least am accustomed to, the reluctance of the present Court to admit publicly that Our Perfect Constitution lets stand any injustice, much less the execution of an innocent man who has received, though to no avail, all the process that our society has traditionally deemed adequate. With any luck, we shall avoid ever having to face this embarrassing question again, since it is improbable that evidence of innocence as convincing as today’s opinion requires would fail to produce an executive pardon.
Whatta card! And, of course, the governor will meanwhile claim that no actually innocent person could ever be convicted and have this conviction upheld for one whole round of federal habeas appeals — state criminal defendants, of course, never have anything but the best legal representation! — and round and round we go and before you know it some innocent person will be executed.