Principally what hadchanged, according to the Court'sruling, was the "evolvingstandard of decency" : sincePenry, 18statesruled against use of execution for people with mentalretardation.
Second, that Common Article 3 of the Geneva Conventions represents a minimum standard of decency that must be applied to all detainees, without exception.
Now, the process of reviewing and selecting a successor to Justice Souter has been rigorous and comprehensive, not least because of the standard that Justice Souter himself has set with his formidable intellect and fairmindedness and decency.