The U.S. Supreme Court issued a per curiam (published in the name of the Court rather than specific judges) opinion today reversing the Texas Court of Criminal Appeals (TCCA) and finding that Bobby Moore is a person with intellectual disability and his execution is prohibited by the Eighth Amendment to the U.S. Constitution’s ban on cruel and unusual punishment.

“The Arc applauds the Court’s decision today which again embraces the standards-based approach in determining intellectual disability for which The Arc has long advocated. When it comes to matters of life and death, there is simply no room for courts to ground their determinations of intellectual disability in outmoded and baseless stereotypes. The Arc is grateful to the Court for taking a strong stance today to ensure that its precedent on this issue is properly interpreted in jurisdictions around the country,” said Marty Ford, Senior Advisor, The Arc.

This is the second time Mr. Moore has sought relief from the Supreme Court and won. In 2017, in the same case, the Court rejected Texas’ use of stereotypical and outdated factors—rather than well-established clinical standards—to determine intellectual disability in death penalty cases on the grounds that they “create an unacceptable risk that persons with intellectual disability will be executed.” The Court then sent the case back to the TCCA to determine whether Mr. Moore had intellectual disability in light of its opinion. Following the TCCA’s 2018 finding that he did not have intellectual disability, Mr. Moore again petitioned for Supreme Court review. Notably, the prosecutor in Mr. Moore’s case—the district attorney of Harris County—filed a brief in support of Mr. Moore noting that, in light of the Supreme Court’s 2017 opinion, Mr. Moore is an individual with intellectual disability who cannot be executed.

In its opinion today, the Court noted that “Moore has shown he is a person with intellectual disability” and that the most recent TCCA opinion must be reversed because it continued to exhibit “lay stereotypes” of people with intellectual disability despite the Supreme Court’s clear instruction to rely on well-established clinical standards instead. Chief Justice Roberts, in a concurring opinion, noted that while he still believes the original Moore opinion “lacked clarity,” “it is easy to see that the Texas Court of Criminal Appeals misapplied it here…the court repeated the same errors that this Court previously condemned…” Justice Alito, joined by Justices Thomas and Gorsuch, dissented, noting that “The error in this litigation was not the state court’s decision on remand but our own failure to provide a coherent rule of decision in Moore.

The Arc filed amicus briefs on Mr. Moore’s behalf when he first went before the Supreme Court in 2016 and again when his case was remanded to the TCCA in 2017.

In its 2002 decision in Atkins v. Virginia, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with intellectual disability and banned their execution as cruel and unusual punishment under the Eighth Amendment. Subsequently, in Hall v. Florida (2014), the Court rejected an arbitrary cutoff for IQ scores in making the intellectual disability determination and emphasized the importance of courts consulting clinical standards in their analysis. The Court’s 2017 and 2019 decisions in Moore v. Texas have strengthened this precedent by emphasizing the need to rely on well-established clinical standards—rather than stereotypes—in making intellectual disability determinations in death penalty cases.

The Arc has deep sympathy for the family and friends of the victim in this case, and we supported appropriate punishment of all responsible parties. The Arc did not seek to eliminate punishment of Mr. Moore or others with disabilities, but rather, to ensure that justice is served and the rights of all parties are protected. The Arc is committed to seeking lawful outcomes for people with ID and will continue working to ensure that the U.S. Supreme Court rulings on this issue are abided by in jurisdictions across the country.

43 thoughts on “Supreme Court Reaffirms Commitment to Clinical Standards, Not Stereotypes, In Determining Intellectual Disability in Death Penalty Cases

  1. I’m the business owner of JustCBD Store brand (justcbdstore.com) and I am currently trying to develop my wholesale side of company. It would be great if someone at targetdomain can help me 🙂 I considered that the most effective way to accomplish this would be to connect to vape shops and cbd retailers. I was hoping if anyone could recommend a dependable site where I can buy CBD Shops Business Leads I am currently examining creativebeartech.com, theeliquidboutique.co.uk and wowitloveithaveit.com. Not exactly sure which one would be the most ideal selection and would appreciate any assistance on this. Or would it be easier for me to scrape my own leads? Ideas?

  2. Great blog you have got here.. It’s hard to find high-quality writing like yours nowadays. I really appreciate individuals like you! Take care!!

  3. After exploring a few of the articles on your web page, I seriously like your technique of blogging. I saved as a favorite it to my bookmark webpage list and will be checking back soon. Please check out my website as well and let me know your opinion.

  4. I was very happy to discover this site. I need to to thank you for ones time for this particularly fantastic read!! I definitely enjoyed every part of it and i also have you saved to fav to see new information in your website.

  5. I blog quite often and I genuinely thank you for your content. This article has really peaked my interest. I’m going to take a note of your site and keep checking for new details about once per week. I opted in for your RSS feed too.

  6. I’m amazed, I have to admit. Seldom do I encounter a blog that’s both equally educative and entertaining, and without a doubt, you’ve hit the nail on the head. The problem is something that not enough folks are speaking intelligently about. I am very happy that I found this in my hunt for something concerning this.

  7. Hello there! I could have sworn I’ve visited your blog before but after going through many of the articles I realized it’s new to me. Regardless, I’m definitely delighted I found it and I’ll be book-marking it and checking back frequently!

  8. Aw, this was a very nice post. Taking a few minutes and actual effort to generate a top notch article… but what can I say… I procrastinate a whole lot and don’t seem to get nearly anything done.

  9. This is a great tip especially to those new to the blogosphere. Brief but very precise info… Appreciate your sharing this one. A must read post!

  10. Aw, this was a really nice post. Taking a few minutes and actual effort to produce a top notch article… but what can I say… I put things off a whole lot and don’t seem to get nearly anything done.

  11. Your style is unique in comparison to other folks I have read stuff from. Thank you for posting when you’ve got the opportunity, Guess I’ll just bookmark this web site.

  12. I’m amazed, I have to admit. Rarely do I come across a blog that’s both equally educative and engaging, and without a doubt, you’ve hit the nail on the head. The problem is an issue that not enough folks are speaking intelligently about. I am very happy that I stumbled across this during my hunt for something relating to this.

  13. It’s hard to come by experienced people in this particular subject, however, you seem like you know what you’re talking about! Thanks

  14. Hi! I simply would like to give you a big thumbs up for the great information you have got right here on this post. I’ll be returning to your web site for more soon.

  15. Hello there! This blog post couldn’t be written much better! Looking through this article reminds me of my previous roommate! He continually kept talking about this. I’ll forward this article to him. Fairly certain he will have a good read. Thanks for sharing!

  16. Having read this I thought it was really informative. I appreciate you spending some time and energy to put this informative article together. I once again find myself personally spending a lot of time both reading and leaving comments. But so what, it was still worthwhile!

  17. I really love your site.. Pleasant colors & theme. Did you create this amazing site yourself? Please reply back as I’m planning to create my own personal website and would love to learn where you got this from or what the theme is named. Appreciate it!

  18. I must thank you for the efforts you’ve put in writing this website. I really hope to check out the same high-grade blog posts by you later on as well. In fact, your creative writing abilities has encouraged me to get my very own site now 😉

  19. Hi, I do think this is a great site. I stumbledupon it 😉 I will revisit once again since i have saved as a favorite it. Money and freedom is the greatest way to change, may you be rich and continue to guide others.

  20. Hi would you mind sharing which blog platform you’re using?

    I’m looking to start my own blog soon but I’m having a hard
    time making a decision between BlogEngine/Wordpress/B2evolution and
    Drupal. The reason I ask is because your layout seems different then most blogs and I’m looking for something unique.
    P.S Sorry for getting off-topic but I had to ask!
    adreamoftrains best web hosting sites

  21. I’m amazed, I must say. Seldom do I encounter a blog that’s both equally educative and entertaining, and let me tell you, you’ve hit the nail on the head. The issue is something that too few men and women are speaking intelligently about. I’m very happy I stumbled across this in my hunt for something relating to this.

  22. An outstanding share! I’ve just forwarded this onto a friend who had been conducting a little research on this. And he actually ordered me dinner because I stumbled upon it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanks for spending some time to talk about this subject here on your site.

  23. Can I simply just say what a relief to find a person that truly understands what they’re talking about on the net. You actually realize how to bring a problem to light and make it important. More people need to check this out and understand this side of the story. I was surprised that you aren’t more popular since you definitely possess the gift.

  24. Excellent blog you’ve got here.. It’s difficult to find quality writing like yours nowadays. I seriously appreciate people like you! Take care!!

  25. I really love your website.. Pleasant colors & theme. Did you make this amazing site yourself? Please reply back as I’m trying to create my own personal site and would like to find out where you got this from or just what the theme is named. Thank you!

  26. You made some good points there. I looked on the net for more info about the issue and found most people will go along with your views on this website.

  27. I blog frequently and I really appreciate your information. This great article has truly peaked my interest. I’m going to book mark your blog and keep checking for new information about once per week. I opted in for your RSS feed too.

  28. Your style is very unique in comparison to other people I have read stuff from. Thank you for posting when you’ve got the opportunity, Guess I’ll just bookmark this page.

Leave a Reply

Your email address will not be published. Required fields are marked *