>
>This comment, though, is good...
>
> > >In Chicago on Jan. 25, Scalia said, "In my view, the choice for the
>judge
> > >who believes the death penalty to be immoral is resignation rather than
> > >simply ignoring duly enacted constitutional laws and sabotaging the
>death
> > >penalty." His remarks were transcribed by the event sponsor, the Pew
> > >Forum.
>
>...wouldn't you say? Shouldn't judges be guided by the law and not their
>own personal beliefs, especially religious ones?
Absolutely! I am actually pretty rigid about this. But after Bush v. Gore, Scalia is in no position to talk.
It is just a shame that
>he makes this point wrt the death penalty.
>
It is also possible to think that the death penalty either in itself or as administered is unconstitutional, i.e., illegal. Scalia isa n originalist, but that is a bad constitutional theory. Fortunately I have never had to draft a substantive opinion in a death case.
jks
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