Justice or Luck?

"Thus, when a state habeas petitioner's appeal is filed too late because of attorney error, the petitioner is out of luck." 
     - Antonin Scalia, Associate Justice(?) of the U.S. Supreme Court

There are two logical explanations for the above quote:
    1) He believes only guilty people are on death row, so that luck doesn't lead to execution of an innocent person.
    2) He believes that the justice is a game whose outcome depends on luck, and if an innocent person is executed, that's too bad but is not his problem.

The first explanation is delusional, the second is evil.