A divided court ruled for an Alabama inmate who cannot remember his crime.
By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow February 27 at 3:26 PM An inmate suffering from dementia may not be executed if his disease is so severe that he is not able to rationally understand the reason for his punishment, the Supreme Court ruled Wednesday.
“If a person suffering from any mental disorder — dementia included — is unable to rationally understand why the state wants to execute him, then the Eighth Amendment doesn’t allow the execution,” Kagan said in reading a summary of the opinion from the bench. “A person lacking memory of his crime may yet rationally understand why the state seeks to execute him; if so, the Eighth Amendment poses no bar to his execution,” Kagan wrote. Besides Roberts, she was joined in the opinion by Justices Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor.
After 33 years in solitary confinement, two strokes and vascular dementia, they said that, if reminded, he knows he might be executed for killing a police officer in 1985. But the next day, he will have to be reminded again. The court’s three most conservative members — Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch — dissented. Those three had also objected when the Supreme Court in 2018 blocked Madison’s execution.
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