2001 Supreme Court term

DARYL RENARD ATKINS v. VIRGINIA.

Dockets 00-8452Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioner, petitioner defines consensus as a settled judgment of the American people.

According to Mr. Ellis, petitioner states that the reason for this consensus is that individuals with mental retardation lack the culpability required for the death penalty.

Background and question before the Court

Source-limited The available primary sources do not support a complete explanation yet.

What each side argues

Petitioner Position

According to Petitioner, petitioner defines “consensus” as a settled judgment of the American people.

Respondent (Virginia) Position

The Commonwealth argues that the statutory limit of 18 states is not fixed because many statutes do not provide for retroactive application.

What happened at oral argument

Justice Scalia asked how many states are needed for a consensus.

Justice Scalia asked how many states have enacted legislation prohibiting execution of the retarded.

Justice O'Connor asked where the burden of proof lies in a capital murder case involving a retarded defendant.

Justice asked whether an evolutionary element exists in Eighth Amendment jurisprudence.

Justice asked about the status of Virginia legislation on this point now.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 819db5bb3e70cb8548b6-r1-08435f677d195a26.pdforal argument transcript

Guide generated September 19, 2026. Automated validation accepted this version.