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ATKINS v. VIRGINIA

United States Supreme Court No. 00-8452

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QUESTION PRESENTED: Should substantial portions of Penry v. Lynaugh, 492 U. S. 302 (1989) and Stanford v. Kentucky, 492 U. S. 361 (1989) be overruled in order to create a constitutional categorical exemption from capital punishment for mental retardation?

ORAL ARGUMENT DATE: February 20, 2002

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INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

Argument - Part I

I. The Court should not unsettled its capital punishment jurisprudence at this late stage

A. The legacy
B. The cost
1. Precedent
2. Disruption

Part I - continued

3. Complexity
4. Arbitrariness
C. The bargain

II. In the event that a categorical exemption for mental retardation is created, the rules and procedures governing that determination should be left to the states

Conclusion