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One study shows that between 2000 and 2018, new autism diagnoses of those with intellectual disability rose about 20%, while autism diagnoses in those without intellectual disability rose 700%.

"We are talking, I think, more about individuals with no intellectual disability," she says.

P now suffers from severe dystonic cerebral palsy, is effectively blind, has an intellectual disability, has epilepsy, can only communicate by crying and cannot be comforted when crying.

Nor did it set clear guidelines to help legislatures and courts determine what should count as an intellectual disability.

The result is that, as law professor Sheri Lynn Johnson and her colleagues argued in 2022, the court’s “ostensibly categorical ban has been far less than categorical, as many other persons that should be ineligible for the death penalty have had their assertions of intellectual disability rejected.”