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Executing the mentally retarded

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Ten years ago the SCOTUS ruled that executing mentally retarded people was unconstitutional, but it did so in a fashion that allowed the states a lot of practical leeway in regard to implementing this policy.

Characteristically, Texas has done a judicial end run around the decision, with the result that, if a stay isn’t granted, this Tuesday the state will execute an ambiguously guilty man with the mental capacity of the average six-year-old.

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