"William Blackstone, the 18th century English jurist whose thinking influenced the nation's founders and American law, famously said it's better that 10 guilty people go free than for one innocent person to suffer.
"U.S. Supreme Court Justice Antonin Scalia begs to differ.
"In a blistering dissent Tuesday in McQuiggin vs. Perkins,Scalia stakes out a stunning position that the court's three other conservatives join: State prisoners with evidence of actual innocence should not necessarily get their day in court."
She continues: "The ruling, while narrow, suggests that there are four justices who would reject Blackstone's '10 guilty persons' maxim."
Meanwhile, former Obama administration official Cass Sunstein, writing for Bloomberg, singles out Scalia for praise for his part in the recent Arlington v. FCC ruling:
"The underlying question was this: If a law is ambiguous, who gets to interpret it? Federal judges or the agency that carries it out? Who interprets the crucial ambiguities in the Affordable Care Act, the Clean Air Act or the Wall Street Reform and Consumer Protection Act?
"The divisions within the court defied the usual ideological predictions. In a powerful and convincing opinion by Justice Antonin Scalia, the court’s majority ruled that even when the agency is deciding on the scope of its own authority, it has the power to interpret ambiguities in the law. Scalia was joined by Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor and Clarence Thomas."