An Opportunity to Clarify Atkins v. Virgina?

Maybe. As the New York Times reports:

A 44-year-man whose lawyers claim he is mentally retarded is scheduled to be executed Thursday evening in Huntsville, Tex., unless the United States Supreme Court agrees to hear his case.

The man, Bobby Wayne Woods, whose I.Q. hovers around the level of a mildly retarded person’s, was convicted of the brutal killing of an 11-year-old girl in 1997 and sentenced to death.

While the Court, in Atkins v. Virginia, 536 U.S. 304 (2002), held that executing the mentally retarded violates the Eighth Amendment prohibition on cruel and unusual punishment, state practice following the decision has--as the Times notes--been inconsistent.

We'll be sure to keep you posted on any developments in this case.

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Update: Mr. Woods was executed as scheduled.

Update: Death Penalty Standards Are Not "Evolving"

On March 19, Nima discussed New Mexico's repeal of the death penalty. The repeal, as he intimated, could "open up new avenues to the Supreme Court for death row inmates to argue against the constitutionality of the death penalty. . . .[because] other states follow New Mexico's lead in banning capital punishment altogether[.]" Given the majoritarian "evolving standards" jurisprudence, see Trop v. Dulles, 356 U.S. 86, 101 (1958), I thought Nima's suggestion was well-taken.

But it doesn't seem like any type of national consensus against the death penalty is really emerging. As LawDork reports, "Ohio Attorney General Rich Cordray is going in the other direction." According to Cordray, "it's a bogus argument to say the death penalty should be eliminated because cases take too long and cost too much."

That's pretty powerful language. Granted, as LawDork notes, the Attorney General's role is to defend the law of the state--regardless of what his or her views are. But I nevertheless think this reaction is interesting in light of the previous discussion, as it highlights the fact that our country may not be ready to reverse it's death penalty course . . . yet.

Is it Cruel if They Want It? What If They Need It?

Chemical castration for sex offenders?