STORY: "Texas Used Wrong Standard in Death Penalty Cases, Justices Rule," by reporter Adam Liptak, published by The New York Times on March 28, 2017.
GIST: "The Supreme Court on Tuesday continued a trend
toward limiting capital punishment, rejecting Texas’ approach to
deciding which intellectually disabled people must be spared the death
penalty. Writing for the majority in the 5-to-3
decision, Justice Ruth Bader Ginsburg said Texas had failed to keep up
with current medical consensus, relied too heavily on I.Q. scores and
took account of factors rooted in stereotypes. “Texas
cannot satisfactorily explain why it applies current medical standards
for diagnosing intellectual disability in other contexts, yet clings to
superseded standards when an individual’s life is at stake,” Justice
Ginsburg wrote. She was joined by Justices Anthony M. Kennedy, Stephen
G. Breyer, Sonia Sotomayor and Elena Kagan..........The case, Moore v. Texas, No. 15-797, had attracted some attention
for one aspect of Texas’ approach, which was partly drawn from a
comparison to the fictional character of Lennie Small, the dim, hulking
farmhand in John Steinbeck’s novella “Of Mice and Men.” In
2004, in the decision that set out the standards Texas uses, Judge
Cathy Cochran of the Court of Criminal Appeals wrote that Lennie should
be a legal touchstone. “Most Texas citizens might agree that Steinbeck’s
Lennie should, by virtue of his lack of reasoning ability and adaptive
skills, be exempt” from the death penalty, she wrote. When Mr. Moore’s case was argued in November,
Justice Sotomayor said he was at least as intellectually disabled as
Lennie. “The state had no problem in saying that Lennie, even though he
could work, earn a living, plan his trying to hide the death of the
rabbit he killed, that he could do all of those things, and yet he was
not just mildly, but severely disabled,” she said. The opinions rendered Tuesday did not mention Lennie."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/