The Supreme Court heard oral arguments yesterday in the case of Moore v. Texas, a challenge to the standards Texas uses to determine whether inmates are too mentally disabled to be executed. In this case, Bobby James Moore was sentenced to death in 1980 for the murder of a grocery store clerk. A court later ruled that Moore was too mentally disabled to be executed, based on modern medical standards. Texas's highest criminal court, however, reversed that determination.
Questions of intellectual disability and eligibility for capital punishment, Texas ruled, must be determined on the state's judicial precedent, which references an outdated medical definition of disability from 1992 and Lennie Small. Yes, that Lennie, the kindhearted but dim-witted character from John Steinbeck's "Of Mice and Men."