In the landmark case of Atkins v.Virginia (2002),the U.S.Supreme Court ruled-consistent with laws already in effect in many states-that

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In Atkins v. Virginia (2002), the U.S. Supreme Court ruled that executing individuals with intellectual disabilities violated the Eighth Amendment's prohibition on cruel and unusual punishment. The court held that the death penalty is inappropriate for individuals with intellectual disabilities because they have diminished capacities to understand and learn from their mistakes, communicate effectively, and engage in logical reasoning. The court recognized that a national consensus had emerged against the execution of individuals with intellectual disabilities, as evidenced by the fact that 18 states had already banned such executions, and that this consensus reflected evolving standards of decency that the Eighth Amendment protects. The court left it to the states to develop clear and objective standards for determining intellectual disability and to apply those standards in individual cases.

In the Landmark Case of Atkins V