Supreme Court of the United States

Atkins v. Virginia — Scalia, J., dissenting

June 20, 2002536 U.S. 304

Summary

Justice Scalia dissents, arguing that the Court’s ban on executing mentally retarded individuals lacks historical or textual support under the Eighth Amendment, incorrectly identifies a national consensus based on insufficient legislation and unreliable data, and improperly replaces individualized sentencing with a categorical rule.