Justice Scalia has written and spoken in the past that, if his job as a judge required him to do something that was contradictory to his personal morality, he would have no choice but to resign. Lucky for him, Justice Scalia has no moral objection to overwhelmingly discriminatory way that the death sentence is imposed in this country. Many of these cases make their way eventually to the U.S. Supreme Court, where the justices are called up to issue stays or to order new trials. Justice Scalia dissented from the grant of a stay earlier this week, while observing that the Supreme Court has never held that a showing of actual, factual innocence was grounds for a new trial.
