Mere factual innocence is no reason not to carry out a death sentence properly reached.
Source, in full
These words, which have been widely attributed to Scalia, do not appear in any of his writings or statements. He nonetheless remarked in Herrera v. Collins (1993, concurring) that state courts had no obligation to review a death sentence on factual innocence grounds, an opinion that he repeated in In re Davis (2009, dissenting).