Can a state procedural bar override the Eighth Amendment prohibition against executing the intellectually disabled?

QUESTIONS PRESENTED In Atkins v. Virginia, 536 U.S. 304 (2002), this Court held that intellectually disabled individuals are categorically exempt from the death penalty under the Eighth Amendment. In Hail v. Florida, 572 U.S. 701 (2014), the Court invalidated a rule created by the Florida Supreme Court that unacceptably risked execution of individuals within that categorical exemption, based on an IQ score cutoff. Two years after Hall, the Florida Supreme Court held in Rodriguez v. State, 250 So. 3d 616 (Fla. 2016), that certain intellectual disability claims filed after Hall were time-barred, and no evidence of the individual's intellectual disability would be considered. This petition seeks review of whether the Florida Supreme Court’s Rodriguez rule, like the rule this Court invalidated in Hall, unacceptably risks execution of intellectually disabled individuals, based on the timing of their claims. Petitioner Gary Ray Bowles is scheduled to be executed by the State of Florida on August 22, 2019, at 6:00 p.m. The merits of his intellectual disability claim, which he filed two years before the Governor signed his death warrant and the Florida Supreme Court applied the Rodriguez time-bar, have never been reviewed. The questions presented are: 1. Can a state procedural bar override the Eighth Amendment prohibition against executing the intellectually disabled? 2. Does the Rodriguez procedural bar created by the Florida Supreme Court violate the Eighth Amendment by creating an unacceptable risk of executing the intellectually disabled? i