&gt; Because death penalty supporters, like Scalia, ultimately have to accept the court&#x27;s ruling as perfect or the government is just murdering random people.<p>False dichotomy.  The court&#x27;s ruling can be less than perfect and still be very far from random.  (Perfection is clearly something they should strive for, of course.)  But in fact, we are not (and should not be) willing to accept a 100% false negative rate in order to achieve a 0% false positive rate.