Forget about those death panel that will decide when old people will be put down like sick dogs. Let's consider the death panels that already are legal, i.e. the juries, which sometimes can send an innocent person to death row.
Such very well may the case with Troy Anthony Davis, convicted nearly two decades ago of murder and sentenced to die. Since them, seven witnesses have recanted their testimony. Some have implicated another man who testified against Davis and said he was the shooter.
So should Davis get the chance to prove his innocence in court?
Of course not, silly. He already had a fair trial, so tough marbles. So says Justice Antonin Scalia, chastising his fellow justices for giving Davis another bite at the apple:
This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.
Scalia called Davis "a sore loser."
Clarence Thomas was the only other justice joining in Scalia's dissent.