The prosecution supported the request.
“The government agrees” that a fresh look “would be appropriate in light of a significant intervening factual change that affects a central predicate of the court of appeals’ Eighth Amendment analysis,” wrote Elizabeth B. Prelogar, who has since been confirmed as the U.S. solicitor general.
The Supreme Court has ruled that the Eighth Amendment, which bars cruel and unusual punishment, forbids the execution of people who are intellectually disabled. The appeals court had ruled that Mr. Coonce did not qualify under the criteria set out in a 2002 Supreme Court decision, Atkins v. Virginia, which drew on clinical definitions of intellectual disability.
The Atkins decision defined intellectual disability to have three components: low IQ scores; a lack of fundamental social and practical skills; and the presence of both before the age of 18.
There was substantial evidence that Mr. Coonce satisfied the first two prongs of the test. But his intellectual deficits were apparently the result of a traumatic brain injury when he was 20.
Before the appeals court, Mr. Coonce’s lawyer had argued that the professional consensus on that third prong was evolving. A leading professional organization, the American Association on Intellectual and Developmental Disabilities, they wrote, was considering changing its definition.
That was not enough, a unanimous panel of the U.S. Court of Appeals for the Eighth Circuit ruled. The court said it would not consider “predictions that medical experts will agree with Coonce’s view in the future,” adding that “such evidence is not sufficient for us to divine any current Eighth Amendment limitation.”
Understand the Supreme Court’s Momentous Term
Card 1 of 5The Texas abortion law. After the court let Texas effectively outlaw most abortions in a 5-4 decision, the justices heard arguments that could allow it to reverse course. The case puts Justice Brett Kavanaugh in the spotlight as the most likely member to switch sides.
The Mississippi abortion case. The court is poised to use a challenge to a Mississippi law that bars most abortions after 15 weeks to undermine and perhaps overturn Roe v. Wade, the 1973 decision that established a constitutional right to abortion.
A major decision on guns. The justices will consider the constitutionality of a longstanding New York law that imposes strict limits on carrying guns in public. The court has not issued a major Second Amendment ruling in more than a decade.
A test for Chief Justice Roberts. The highly charged docket will test the leadership of Chief Justice John G. Roberts Jr., who lost his position at the court’s ideological center with the arrival last fall of Justice Amy Coney Barrett.
A drop in public support. Chief Justice Roberts now leads a court increasingly associated with partisanship. Recent polls show the court is suffering a distinct drop in public support following a spate of unusual late-night summer rulings in politically charged cases.
After Mr. Coonce asked the Supreme Court to hear his case, the association revised its criteria, saying the relevant developmental period extended to the age of 22.