"As Justice Stevens explains, “ ‘objective evidence, though of great importance, [does] not wholly determine the controversy, for the Constitution contemplates that in the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment.’ ” (quoting Atkins v. Virginia). “I have relied on my own experience in reaching the conclusion that the imposition of the death penalty” Purer expression cannot be found of the principle of rule by judicial fiat. In the face of Justice Stevens’ experience, the experience of all others is, it appears, of little consequence. The experience of the state legislatures and the Congress—who retain the death penalty as a form of punishment—is dismissed as “the product of habit and inattention rather than an acceptable deliberative process.” The experience of social scientists whose studies indicate that the death penalty deters crime is relegated to a footnote. The experience of fellow citizens who support the death penalty is described, with only the most thinly veiled condemnation, as stemming from a “thirst for vengeance.” It is Justice Stevens’ experience that reigns over all."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Justices of the Supreme Court of the United StatesJudges from the United StatesLawyers from the United StatesCatholics from the United StatesPeople from Trenton
Original Language: English
Available Languages (1)
Sources
Baze v. Rees (2008) (concurring).
https://en.wikiquote.org/wiki/Antonin_Scalia
Revision History
No revisions have been submitted for this quote.
Categories
Antonin Scalia
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an Associate Justice of the Supreme Court of the United States, who served for 29 years, from 1986 until his death. He was appointed to the Court by U.S. President Ronald Reagan in 1986.
114 quotes on TrueQuotesView all quotes by Antonin Scalia →
Related Quotes
"I define speech as any communicative activity. [Can it be nonverbal?] Yes. [Can it be nonverbal and also not written?…"
"In law school, I never understood [antitrust law]. I later found out, in reading the writings of those who now do und…"
"Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of …"
"Evidently, the governing standard is to be what might be called the unfettered wisdom of a majority of this Court, re…"
"How frightening it must be to have your own independent counsel and staff appointed, with nothing else to do but to i…"
"Those who believe that racial preferences can help to 'even the score' display, and reinforce, a manner of thinking a…"
"Justice White's conclusion is perhaps correct, if one assumes that the task of a court of law is to plumb the intent …"
"We reject the dissent's contention that our approach, by "largely return[ing] the task of defining the contours of Ei…"
"The outcome of today's case will doubtless be heralded as a triumph of judicial statesmanship. It is not that, unless…"
"This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a…"