Supreme Court Justice Antonin Scalia said he “wouldn’t be surprised” if the court rules that the death penalty is unconstitutional. In a speech at Rhodes College in Memphis on Tuesday night, Scalia said no one should “mess with the Constitution” and that the death penalty should remain constitutional. “Do you really want your judges to rewrite the Constitution?” Scalia asked. In 1972, the court ruled that the way executions were being carried out was unconstitutional, creating a de facto moratorium on the death penalty until a later ruling reinstated it.
