“[S]uch a statement seems to suggest a fear of too much justice.”

Litwhwick’s depressing account of the oral arguments in Perry v. New Hampshire makes it pretty clear that the Supreme Court is disinclined to require any changes to how courts deal with eyewitness testimony despite extensive evidence that its unreliability is particularly likely to lead to miscarriages of justice:

In his rebuttal, Guerriero tries to explain again that the reason you want to take fallible eyewitness identifications away from the jury is precisely because eyewitness testimony is both powerful and wrong: “The witness’s sincerity has a powerful effect on the jury,” he explains. But it’s clear that this court will either dismiss or slide right past the old precedents that suggest that eyewitness evidence is uniquely dangerous. Oddly enough, the fact that other compelling evidence may prove equally untrustworthy seems to have immunized all the bad eyewitness evidence.

See also Liptak.