Supreme Court of the United States

Atkins v. Virginia — Rehnquist, J., dissenting

June 20, 2002536 U.S. 304

Summary

Rehnquist dissents from the Court’s holding that the Eighth Amendment bars execution of mentally retarded defendants. He argues the majority improperly relies on foreign laws, organizational views, and polls rather than legislative enactments and jury practices to find a national consensus. He maintains that only legislation and jury data should guide evolving standards of decency.