Originalism — that bankrupt notion clung to exclusively by Catholics and other pro-lifers — aside, it’s still hard to imagine how Scalia can actually manage to support the idea that it’s Constitutionally okay to execute an innocent man as long as there was a trial at some point, regardless of new evidence or proof of innocence.
It really is extraordinary. Imagine: “Sorry, you had a trial, never mind that there’s new evidence now that shows you to be the wrong guy. Say hi to God for me.” Fortunately, his fellow justices (aside, of course, from Scalia’s notoriously taciturn and undistinguished mini-me, Thomas) disagreed.
Maybe Scalia believes in the infalibility of juries as well as the Pope.