Whether a capital defendant's claim that the Eighth Amendment forbids his execution as he is intellectually disabled becomes viable upon the issuance of a death warrant, therefore exempting the claim from the gatekeeping provisions of 28 U.S.C. § 2244(b)(2)?

QUESTIONS PRESENTED Gary Ray Bowles is an intellectually disabled man on Florida’s death row. Despite this Court’s holding in Atkins v. Virginia, 536 U.S. 304, 321 (2002), that the execution of intellectually disabled individuals violates the Eighth Amendment, Mr. Bowles has been precluded from litigating the merits of his claim. The questions presented are: 1. Whether a capital defendant’s claim that the Eighth Amendment forbids his execution as he is intellectually disabled becomes viable upon the issuance of a death warrant, therefore exempting the claim from the gatekeeping provisions of 28 U.S.C. § 2244(b)(2)? 2. Whether procedural obstacles to the consideration of a claim of intellectual disability must cede to the categorical protections of the Eighth Amendment? 3. Whether the Eleventh Circuit has a duty to interpret 28 U.S.C. § 2241 ina way that does not condone unconstitutional executions? i