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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.

Virginia: Execution Alert

On May 27th, yet another execution is scheduled to occur in Virginia. If the scheduled execution of Kevin Green takes place that day, it would be the 99th in our Commonwealth since 1976 (second only to Texas).

With executions proceeding at an alarming rate in our state (an additional one is scheduled for June 10th), the Virginia bishops continue their appeal to end the use of the death penalty. They are joined by the U.S. bishops and the Vatican (whose regular practice is to send Governors across the U.S. commutation requests via the Papal Nuncio).

Kevin Green's case also presents an additional concern. The U.S. Supreme Court has ruled that it is unconstitutional to execute someone who is "mentally retarded," and significant evidence suggests that Mr. Green does indeed have an intellectual disability. Although courts have concluded that he is not mentally retarded, the court that took the closest look at his mental retardation claim found it "an extremely close and difficult" case. Mr. Green has the IQ of a mentally retarded individual, repeated three years of elementary school, and has never even learned to tie his shoes.

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