When did the federal government stop using the phrase mentally retarded? I know as recent as the Atkins decision in 2002 they most definitely used it.
The Atkins vs Virginia case has my favorite Justice (Scalia) dissenting (along with Rehnquist and Thomas) , and some of my favorite quotes are in this dissent.
Quoting Justice Scalia:
"The fact that juries continue to sentence mentally retarded offenders to death for extreme crimes shows that society’s moral outrage sometimes demands execution of retarded offenders. By what principle of law, science, or logic can the Court pronounce that this is wrong? There is none. Once the Court admits (as it does) that mental retardation does not render the offender morally blameless, ante, at 13—14, there is no basis for saying that the death penalty is never appropriate retribution, no matter how heinous the crime."
"Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its