Scalia: Death Penalty May Get Overturned


Supreme Court Justice Antonin ScaliaSupreme Court Justice Antonin Scalia said he “wouldn’t be surprised” if the court rules that the death penalty is unconstitutional. In a speech at Rhodes College in Memphis on Tuesday night, Scalia said no one should “mess with the Constitution” and that the death penalty should remain constitutional. “Do you really want your judges to rewrite the Constitution?” Scalia asked.

In 1972, the court ruled that the way executions were being carried out was unconstitutional, creating a de facto moratorium on the death penalty until a later ruling reinstated it. Read more at The Commercial Appeal.

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  1. I believe some criminals merit the death penalty, but as it currently exists it isn’t nearly as foolproof as it needs to be. The worst possible miscarriage of justice is the execution of an innocent man, and the current Richard Glossip case in Oklahoma as well as the Cameron Todd Willingham execution in Texas are cases in which enough doubt exists that capital punishment shouldn’t have been an option.

  2. I do not enjoy Scalia, but on this issue, it appears Hashem has indeed installed a wiser judge.

    The death penalty is not an open hate for mankind. It must be used for the most heinous acts.

    An evildoer who commits murder is not a benefit to the kiddush humanity of any community on this planet.

    This is very horrifying to think that the pacifist community will dictate the needs of a very agitated future.

  3. I have had three different Orthodox rabbis independently tell me that it is forbidden for a Jew to sit on a death penalty jury in the United States because the US administration of its death penalty fails to follow even the very minimal standards established by Chazal and codified by Rambam.

  4. To #4, orthodox rabbi could mean a lot of different things these days. If you’d like to invoke Daas Torah, please provide names and sources. The US death penalty process is much fairer than the way things were done in goyishe courts through most of history. If you don’t believe in death penalty for liberal ideological reasons, just admit it without mixing in some nameless rabbis.

  5. Rabbi Miller z”l said stopping the death penalty will cause much more deaths since the murderers will have no fear and will kill at will. The death penalty is part of the Sheva Mitzvos and the Torah knows better than any foolish Liberals seeking hefkeirus and licentiousness.