(Washington, DC) — A decision is not expected for months, but the U.S. Supreme Court appears skeptical of the way Texas determines if a death row inmate is intellectually disabled.
Oral arguments were held yesterday in the case of Houston’s Bobby Moore, sentenced decades ago for the murder of an elderly store clerk.
Conservative Justice Anthony Kennedy seemed to be leaning with the liberal wing of the court by saying the state’s method of determining disability seemed designed to limit those who can claim it.
Executing the mentally disabled has already been ruled unconstitutional, but until now it’s been left to the states to determine whether an inmate is intellectually disabled.