A little over two decades ago, Supreme Court Justice Antonin Scalia was dismissive of then-Justice Harry Blackmun’s concerns about the death penalty. In fact, Scalia had a case study in mind that demonstrated exactly why the system of capital punishment has value.
As regular readers may recall
, Scalia specifically pointed to a convicted killer named Henry Lee McCollum as an obvious example of a man who deserved to be put to death. “For example, the case of an 11-year-old girl raped by four men and then killed by stuffing her panties down her throat,” Scalia wrote in a 1994 ruling. “How enviable a quiet death by lethal injection compared with that!”
For Scalia, McCollum was the perfect example – a murderer whose actions were so heinous that his crimes stood as a testament to the merit of capital punishment itself.
Yesterday, McCollum was pardoned. Scalia’s perfect example of a man who deserved to be killed by the state was innocent.