On August 17, 2009, the Supreme Court ordered the Savannah federal district court to "receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes innocence." Justice John Paul Stevens, joined by Justices Ruth Bader Ginsburg and Stephen Breyer, wrote that "[the substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing." Justice Antonin Scalia dissented, stating that a new hearing would be "a fool's errand" because Davis's claim of innocence was "a sure loser". He was joined by Justice Clarence Thomas.