Hamm v. Smith · ¶102

We should end the hopeless enterprise that this Court today shows it cannot control. Because nothing in the text and history of the Eighth Amendment justifes Atkins, it is demonstrably erroneous. And because we cannot favor decisions lying “outside the realm of permissible interpretation” “over the text of the Constitution,” we should overrule Atkins. Gamble v. United States, 587 U. S. 678, 711–712 (2019) (Thomas, J., concurring). Atkins also cannot survive this Court's more recent stare decisis criteria because it is egregiously wrong, unworkable, and has created no legitimate reliance interests.

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