This statement bothers me more.
[url]www.foxnews.com/story/0,2933,55791,00.html[/url]
[b]The majority view reflects changes in public attitudes on the issue since the court declared such executions constitutional 13 years ago. At that time, only two states that used capital punishment outlawed the practice for the retarded. Now, 18 states prohibit it.
"It is not so much the number of these states that is significant, but the consistency of the direction of the change," Justice John Paul Stevens wrote for the majority.
Chief Justice William H. Rehnquist objected strongly to the decision, along with Justices Antonin Scalia and Clarence Thomas, saying the majority went too far in looking at factors beyond state laws and put too much stock in opinion polls and the views of national and international observers.
"Believing this view to be seriously mistaken, I dissent," Rehnquist said, omitting the customary word "respectfully" before "dissent."[/b]