Alan Dershowitz versus Tony Scalia and Clarence Thomas on a truly unthinkable (but thankfully minority) opinion….
Let us be clear precisely what this means. If a defendant were convicted, after a constitutionally unflawed trial, of murdering his wife, and then came to the Supreme Court with his very much alive wife at his side, and sought a new trial based on newly discovered evidence (namely that his wife was alive), these two justices would tell him, in effect: “Look, your wife may be alive as a matter of fact, but as a matter of constitutional law, she’s dead, and as for you, Mr. Innocent Defendant, you’re dead, too, since there is no constitutional right not to be executed merely because you’re innocent.”
What are the chances that Alan has a brain tumor? When you call it a minority opinion I am hoping that Alan is the only person in the world that has it.
Scalia & Thomas both wrote that dissent. Alan D. is criticizing them. I doubt Scalia & Thomas both have brain tumors. But something’s not right with them.
It pays to read the links even when you are in a hurry
It just never would have occurred to me that two supreme court judges would hold such a strange opinion. Maybe they need to take some time and talk to a few wise Latina women.