Last Monday, the Supreme Court upheld the death penalty in Kansas by a vote of 5 to 4 in the case of Kansas v. Marsh . In concurring with the majority, Justice Antonin Scalia wrote that the decision was justified because, in recent American history, there has not been "a single case -- not one -- in which it is clear that a person was executed for a crime he did not commit. If such an event had occurred in recent years, we would not have to hunt for it; the innocent's name would be shouted from the rooftops."
Unfortunately, Scalia is wrong...In at least four...cases, it is now clear that the individuals executed almost certainly did not commit the crimes for which they were convicted.
We wrote about one of these men, Ruben Cantu, here.
Perhaps it makes it easier for Scalia to sleep at night after he sides with the majority in Marsh, effectively gutting the effectiveness of the insanity plea. But someone who serves on the highest court of the land should not be either so ignorant or so willing to deny reality to suit his conservative philosophy.