Scalia Said The Court Had Pretty Much

The Constitution Does Not Trust Judges To Make Determinations Of Criminal Guilt.

There Is No Basis In Text, Tradition, Or Even In Contemporary Practice (if That Were Enough), For Finding In The Constitution A Right To Demand Judicial Consideration Of Newly Discovered Evidence Of Innocence Brought Forward After Conviction. My Concern Is That In Making Life Easier For Ourselves We Not Appear To Make It Harder For The Lower Federal Courts, Imposing Upon Them The Burden Of Regularly Analyzing Newly-discovered-evidence-of-innocence Claims In Capital Cases (in Which Event Such Federal Claims, It Can Confidently Be Predicted, Will Become Routine And Even Repetitive).

On This Day, When We're Celebrating Our Constitutional Heritage, I Urge You To Be Faithful To That Heritage - To Impose On Our Fellow Citizens Only The Restrictions That Are There In The Constitution, Not Invent New Ones, Not To Invent The Right Because It's A Good Idea.

In A Big Family The First Child Is Kind Of Like The First Pancake. If It's Not Perfect, That's Okay, There Are A Lot More Coming Along.

You Could Have 50 Different States Having 50 Different Regulations... Until They Were All Litigated Out.