The Supreme Court could learn a lesson from realty T.V. star Kim Kardashian.

She is the daughter of famed O.J. Simpson attorney, Robert Kardashian. And before the state of Georgia executed Troy Davis, Kardashian achieved compassionate, halo status when she tweeted: “All he wants is a polygraph test 2 prove he’s innocent & the judicial system can’t give that to him? Let’s make #TroyDavis a trending topic!”

In contrast, the Supreme Court this week affirmed a 2009 capital punishment opinion of its rock star conservative associate, Justice Antonin Scalia, in which he ruled: “[T]his court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.”

So, according to the Supreme Court, it’s okay for the State to kill anyone via death row just as long as a jury fully and fairly convicts—even if there’s the subsequent nuisance factor of exculpatory or new evidence, advances in DNA and forensic technology or police misconduct that later serves as absolution. In a ruling apparently without a written dissent, the Supreme Court indefinitely postponed Davis’ polygraph, handing down an order that sealed the condemned man’s fate.

On Wednesday, September 21st, shortly after 11:00 p.m., the state of Georgia responded swiftly to Scalia’s conservative rhetoric and wasted no time in executing Davis.

I’ll take Kardashian’s common sense approach over the ivory tower, Fustian logic of the Supreme Court in this case. Kim is not only a sexy siren, but she’s down right brilliant and to the point. In Kim’s world, every innocent man or woman deserves a first, second, and third chance until the justice system has gotten it right. I agree.

Joy Freeman-Coulbary, a native Washingtonian, is a civil rights attorney. You can reach her at

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