The Supreme Court justices have jurisdiction over various regions of the country when it comes to injunctions, particularly when it comes to stays of execution. In the case of Marvin Wilson, the mentally retarded man with an IQ of 61 and an intelligence level of a 6 year-old, set to die today in Texas in conjunction with a murder conviction, that appeal had to go through none other than Justice Antonin Scalia. Justice Scalia wrote a dissent in the case of Atkins v. Virginia, which established the ban on executing the mentally retarded (Texas, like other states, got to set their own standards for what constitutes “retarded,” and as such plowed ahead with the execution of Wilson today). Scalia wrote that, because “Only the severely or profoundly mentally retarded, commonly known as ìidiots, enjoyed any special status under the law” in 1791, around the time of the establishment of the Eighth Amendment, he disagreed with the ruling. And so it should come as no surprise that he submitted this short response to the stay of Marvin Wilson today.
The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
This condemns a man with a 61 IQ to death. Scalia wrote in his Atkins dissent, “Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members.” That’s my sentiment exactly. Scalia has a ruling which clearly states that executing the mentally retarded violates the Eighth Amendment. But Scalia doesn’t agree, so he decided to allow Texas to violate the ruling.
Wilson is scheduled to die at this hour.
UPDATE: Wilson’s attorney, Lee Kovarsky, sends along this statement:
“We are gravely disappointed and profoundly saddened that the United States Supreme Court has refused to intervene to prevent tonight’s scheduled execution of Marvin Wilson, who has an I.Q. of 61, placing him below the first percentile of human intelligence. Ten years ago, this Court categorically barred states from executing people with mental retardation. Yet, tonight Texas will end the life of a man who was diagnosed with mental retardation by a court-appointed, board certified specialist.
“It is outrageous that the state of Texas continues to utilize unscientific guidelines, called the Briseño factors, to determine which citizens with intellectual disability are exempt from execution. The Briseño factors are not scientific tools, they are the decayed remainder of an uninformed stereotype that has been widely discredited by the nation’s leading groups on intellectual disability, including the American Association on Intellectual and Developmental Disabilities. That neither the courts nor state officials have stopped this execution is not only a shocking failure of a once-promising constitutional commitment, it is also a reminder that, as a society, we haven’t come quite that far in understanding how so many of those around us live with intellectual disabilities.”
UPDATE II: Per AP, Wilson has now been executed. I guess Scalia can take comfort in knowing that his denial of the stay of execution for a mentally retarded man, despite a SCOTUS ban, is “limited to the present circumstance.”