"Georgia Is Scheduled To Execute An Intellectually Disabled Man Today"
Hill’s execution could take place despite the Supreme Court’s decision in Atkins because of an potential loophole in that opinion. Although Atkins forbids executions of the intellectually disabled, it also left “to the State[s] the task of developing appropriate ways to enforce the constitutional restriction upon [their] execution of sentences.” Georgia essentially decided to “enforce the constitutional restriction” on the execution of intellectually disabled inmates by creating a standard that makes it nearly impossible for an inmate to prove that they are constitutionally ineligible for execution.
The Supreme Court could still intervene to prevent Georgia from flouting Atkins. If a court does not intervene soon, then Hill is scheduled to be executed at 7pm today.