(CNN) -- Texas slapped the U.S. Supreme Court in the face, and the justices just took it. On Tuesday night,  Texas executed Marvin Wilson, whose IQ score was 61 -- low enough that it should have met any standard for "diminished mental capacity." Shockingly, the court did not intervene to stop the execution despite its 2002 decision in Atkins v. Virginia barring the execution of the "mentally retarded" as "cruel and unusual punishment" in violation of the Eighth Amendment. Wilson played a role in the murder of Jerry Williams in 1992. He needed to be held accountable for his actions, even with diminished mental capacity. But he had the mental capacity of a first-grader, could barely match his socks and was fired from a car wash job for being too slow at drying cars. A clinical neuropsychologist with 22 years of experience concluded Wilson was intellectually disabled.
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Laura Moye: Supreme Court in 2002 barred death penalty for the "mentally retarded"
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Moye: Yet court stood aside as Texas executed man who has the mind of a 7-year-old
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States can set criteria for "mental retardation," and court doesn't call them on it, she says
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Moye: Texas set stereotypical standards, citing character from Steinbeck's "Of Mice and Men"
@placeholder' standard leaves more than a crack through which the rare individual may slip.