To paraphrase the Missouri and US Supreme Courts:
It would be the ultimate in irony if the very fact that the inappropriateness of the death penalty for the unborn was broadly recognized sooner than it was recognized for the mentally retarded were to become a reason to continue the execution of the unborn now that the execution of the mentally retarded has been barred.
The inappropriateness of the death penalty for the unborn was recognized by over 40 states at least as early as 1973.
Page 13 of the opinion. For those of you in Rio Linda, my “paraphrasing” consisted of replacing “juveniles” with “the unborn.”