Georgia Will Execute An Intellectually Disabled Man Next Week Unless The Supreme Court Intervenes

Warren Lee Hill.

While a series of procedural rulings have delayed execution for Warren Lee Hill, he faces imminent capital punishment by the state of Georgia a week from tomorrow, in spite of a U.S. Supreme Court decision that says executing the severely mentally disabled is unconstitutional. Hill, who was deemed “mentally retarded” at trial (an unfortunate legal term), has exhausted his appeals, and only U.S. Supreme Court action can stop his execution this time.

Among those who have advocated for Hill’s clemency are several jurors from Hill’s trial, disability groups, and President Jimmy Carter. Even the victim’s family has submitted an affidavit stating that they prefer clemency.

In its ruling in Atkins v. Virginia, the high court held that executing individuals deemed “mentally retarded” violated the Eighth Amendment’s prohibition against cruel and unusual punishment because their disability “places them at special risk of wrongful execution.” Wrongful convictions are already rampant in the U.S. criminal justice system, and the unique irreversibility of capital punishment is one of the reasons why the remedy is becoming increasingly unpopular and uncommon.

In spite of the Supreme Court’s holding, a harsh procedural technicality has allowed the state to skirt existing Supreme Court precedent. While all other states require a finding that the defendant is meets the mental disability criteria by a “preponderance of the evidence”or some other moderate standard of evidence, Georgia imposes the “beyond a reasonable doubt” standard — the equivalent of legal certainty. Psychologists have attested that this is a standard that is almost impossible to attain when it comes to mental disability.

Unfortunately, the statute that permits this standard survived legal challenge in a narrow 4-3 ruling. In her dissent in that case, Georgia Supreme Court Justice Leah Sears articulates the clear inconsistency of this statute with the prohibition on executing the severely mentally disabled:

Despite the federal ban on executing the mentally retarded, Georgia’s statute, and the majority decision upholding it, do not prohibit the state from executing mentally retarded people. To the contrary, the State may still execute people who are in all probability mentally retarded. The State may execute people who are more than likely mentally retarded. The State may even execute people who are almost certainly mentally retarded.

In its decision in Atkins, the U.S. Supreme Court said, “we leave to the State[s] the task of developing appropriate ways to enforce the constitutional restriction upon [their] execution of sentences.” It is now up to the justices to make clear that, by imposing an unattainable standard for proving “mental retardation,” Georgia is not enforcing this “constitutional restriction” at all.

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Lousiana Governor Changes His Mind, Won’t Eliminate End-Of-Life Care For The Poor And Disabled

In a victory for disabled, terminally ill, and poor Louisianans, Gov. Bobby Jindal (R-LA) has reversed course and decided not to go through with his plan to eliminate hospice care benefits for low-income residents through the state’s Medicaid program, the Associated Press reports.

The Jindal Administration’s reversal comes in the wake of public outrage and candlelight vigils over a budget “austerity” proposal that one hospice care provider equated to “throwing away poor people.” If enacted, Jindal’s plan would have thrown as many as 5,000 terminally ill and disabled Americans receiving hospice care benefits off of public insurance rolls, raising health care costs by forcing sick patients into expensive emergency room care while saving the state a meager $8 million in 2014.

Instead, the Louisiana Department of Health and Hospitals will continue funding the benefits through federal grant money, giving sick, low-income Louisianans some much-needed peace of mind. “The good Lord took care of us today, so we got a fix,” said state Sen. Fred Mills, a Breaux Bridge Republican who vice chairs the Louisiana state Senate Health and Welfare Committee.

But while the Jindal Administration’s decision today is an uncontested victory for Americans at risk of falling through the safety net, Louisiana’s poor are not out of harm’s way just yet. Jindal has proposed one of the country’s most regressive tax proposals, and has slated massive budget cuts to public education and health care program funding.

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