Now Scalia has dissented from the opinion of a second pope on the issue. Pope Benedict sent Georgia state officials a letter last month asking for clemency for Troy Davis, but the very Catholic Supreme Court denied a last-minute stay of execution.

In his Duquesne speech, Scalia said: “If I thought that Catholic doctrine held the death penalty to be immoral, I would resign. I could not be a part of a system that imposes it.”

My family priest, Father Kevin O’Neil, teaches about “cooperation in evil” in Catholic moral theology. If you facilitate something that has been deemed wrong, like taking a human life, are you cooperating in evil?

Maybe the Supreme Court should ask itself that question. Are you “cooperating in evil,” Justice Scalia?