“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.””

— Antonin Scalia

It is Justice Stevens’ experience that reigns over all.
Baze v. Rees (2008) (concurring).
2000s

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "As Justice Stevens explains, “ ‘objective evidence, though of great importance, [does] not wholly determine the controv…" by Antonin Scalia?

Antonin Scalia 100

former Associate Justice of the Supreme Court of the United… 1936–2016

Related quotes

“We reject the dissent's contention that our approach, by "largely return[ing] the task of defining the contours of Eighth Amendment protection to political majorities," leaves "‘[c]onstitutional doctrine [to] be formulated by the acts of those institutions which the Constitution is supposed to limit,'" […] By reaching a decision supported neither by constitutional text nor by the demonstrable current standards of our citizens, the dissent displays a failure to appreciate that "those institutions which the Constitution is supposed to limit" include the Court itself. To say, as the dissent says, that "‘it is for us ultimately to judge whether the Eighth Amendment permits imposition of the death penalty,'" (quoting Enmund v. Florida) -- and to mean that as the dissent means it, i. e., that it is for us to judge, not on the basis of what we perceive the Eighth Amendment originally prohibited, or on the basis of what we perceive the society through its democratic processes now overwhelmingly disapproves, but on the basis of what we think "proportionate" and "measurably contributory to acceptable goals of punishment" -- to say and mean that, is to replace judges of the law with a committee of philosopher-kings.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

Stanford v. Kentucky (1989) (plurality part, case later overruled by Roper); decided June 26, 1989.
1980s

“Today's decision is the pinnacle of our Eighth Amendment death-is-different jurisprudence. Not only does it, like all of that jurisprudence, find no support in the text or history of the Eighth Amendment; it does not even have support in current social attitudes regarding the conditions that render an otherwise just death penalty inappropriate. Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

Atkins v. Virginia (2002) (dissenting).
2000s

“I began to suspect that the ultimate sacrifice isn't death after all; the ultimate sacrifice is willingly bearing the fullest penalty for your own actions.”

Orson Scott Card (1951) American science fiction novelist

Treason (1988)

“I personally have always voted for the death penalty because I believe that people who go out prepared to take the lives of other people forfeit their own right to live. I believe that that death penalty should be used only very rarely, but I believe that no-one should go out certain that no matter how cruel, how vicious, how hideous their murder, they themselves will not suffer the death penalty.”

Margaret Thatcher (1925–2013) British stateswoman and politician

TV Interview for Channel 4 A plus 4 (15 October 1984) http://www.margaretthatcher.org/speeches/displaydocument.asp?docid=105764
Second term as Prime Minister

“30 AD: Death penalty debate heats up after controversial execution of alleged "Son of God."”

Jon Stewart book America

America (The Book): A Citizen's Guide to Democracy Inaction (2004)

“Death is the penalty of sin.”
Mors est poena peccati.

Aurelius Augustinus (354–430) early Christian theologian and philosopher

348/A:2
Sermons

“Given how many convicts awaiting capital punishment have been cleared because of DNA evidence, I no longer support the death penalty.”

Jesse Ventura (1951) American politician and former professional wrestler

Source: Don't Start the Revolution Without Me! (2008), Ch. 10 (p. 187)
Context: Given how many convicts awaiting capital punishment have been cleared because of DNA evidence, I no longer support the death penalty. Minnesota doesn't have this on the books, so I'm thankful that, as governor, I never had to face the decision of whether to execute someone on death row. Again, I simply don't believe that government has the inherent right to make those kinds of choices.

“But no, I just don't think with the scientific evidence now -- I think I read an article yesterday on the death penalty, and 68 percent of the time they make mistakes. And it’s so racist, too. I think more than half the people getting the death penalty are poor blacks. This is the one place, the one remnant of racism in our country is in the court system, enforcing the drug laws and enforcing the death penalty. I don’t even know, but I wonder how many of those, how many have been executed? Over 200, I wonder how many were minorities? You know, if you're rich, you usually don't meet the death penalty.”

Ron Paul (1935) American politician and physician

Interview with the Concord Monitor Editorial Board, (August 18, 2011)
2011

“The Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

On executing minors: Roper v. Simmons (2005) (dissenting).
2000s

“Many people are familiar with the campaign to abolish the death penalty. In fact, it has already been abolished in ost countries. Even the staunchest advocates of capital punishment acknowledge the fact that the death penalty faces serious challenges. Few people find life without the death penalty difficult to imagine.”

Angela Davis Are Prisons Obsolete?

Source: Are Prisons Obsolete? (2003), Chapter One

Help us to complete the source, original and additional information

Antonin Scalia 100

Related quotes

Related topics