Scalia on Judicial Activism
Justice Scalia, speaking this week to an audience at William Carey University, expressed his familiar views on "judicial activism":
"There are four justices who have sat beside me who believe that the death penalty is now unconstitutional...and they believe it to be unconstitutional because they think it ought to be," he told the WCU audience.
Or maybe they believe the death penalty is unconstitutional because it is unconstitutional. If equal protection of the law means anything, it surely means that convicted defendants should not live or die based on the arbitrary charging decisions made by prosecutors, or the tendency of juries to vote for death when the crime victim is white. [more ...]
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