OPINION: Texas Must Adhere To The 8th Amendment

By Mark Earley and Mark White (November 16, 2016, 3:58 PM EST) -- Mark White

Mark Earley Bobby Moore, an intellectually disabled death row inmate in Texas, has challenged that state's anti-clinical approach to evaluating his intellectual disability claim. When Moore v. Texas is argued at the U.S. Supreme Court on Nov. 29, 2016, the court will have an important opportunity to reject an unscientific state-law standard that allows the wrongful and unconstitutional execution of persons with intellectual disability and that directly conflicts with Supreme Court precedent.

In Atkins v. Virginia (2002), the Supreme Court held that the Eighth Amendment bars the execution of any person with intellectual disability. The court made clear that...

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