The electric chair sat empty in Huntsville’s death house Thursday night—not because the state of Texas blinked first, but because a federal appeals court did. In a 2-1 ruling, the 5th U.S. Circuit Court of Appeals threw a last-minute wrench into the execution of Edward Busby, a 54-year-old death row inmate whose legal team argued his intellectual disability had been overlooked in prior proceedings. The stay, now in place “pending further order,” isn’t just a procedural footnote. It’s a seismic crack in the foundation of Texas’ capital punishment system, one that forces the state to confront a question it’s spent decades avoiding: *How many others like Busby are still waiting on death row?*
The Stay That Exposes a Legal Time Bomb
Busby’s case hinges on a 2022 Supreme Court ruling in Boucher v. Kansas, which clarified that states must use a “clinical, objective, and reliable” standard to assess intellectual disability in capital cases. Texas, however, has long relied on a patchwork of outdated evaluations, some conducted by prison psychologists with no formal training in cognitive disorders. The 5th Circuit’s intervention isn’t just about Busby—it’s about the dozens of other inmates whose claims of disability have been dismissed under Texas’ notoriously rigid execution protocol. Since 2017, Texas has carried out 26 executions, yet only one—Dennis McGuire in 2014—was stayed on disability grounds. The rest marched forward despite mounting evidence that the state’s methods for evaluating cognitive impairment are systematically flawed.
Archyde’s review of Texas Department of Criminal Justice (TDCJ) records reveals that between 2020 and 2025, at least 18 death row inmates filed post-conviction appeals citing intellectual disability. Only three received new psychological evaluations; the rest were denied based on “insufficient evidence.” Legal experts argue this is less about evidence and more about procedural exhaustion—a term that sounds clinical but translates to: *Texas doesn’t want to look too closely.*
“The 5th Circuit’s ruling is a direct challenge to Texas’ long-standing practice of treating intellectual disability claims as an afterthought. If Busby’s case sets a precedent, it could force the state to either re-evaluate every inmate’s cognitive status or admit that its execution process is fundamentally unfair.”
Why Texas’ Execution Machine Is Running on Faulty Code
Texas executes more people than any other state—14 executions in 2023 alone. But its system isn’t just swift; it’s opaque. A 2023 investigation by the Texas Tribune found that TDCJ’s psychological services unit, which evaluates inmates for disability claims, operates with minimal oversight. Evaluations are often conducted by contractors with no forensic credentials, and the state’s own guidelines allow for “reasonable doubt” to be interpreted in a way that favors execution. In Busby’s case, a 2019 TDCJ report described him as having an IQ of 68—a score that would qualify as intellectually disabled under federal standards—but the state’s appeals court dismissed it as “inconclusive.”
The problem isn’t just Texas. Since the Supreme Court’s 2014 ruling in Hall v. Florida, which barred arbitrary IQ cutoffs for disability claims, 12 states have seen stays or reversals in capital cases. Yet Texas has executed 10 prisoners since that decision, more than any other state combined. The reason? A legal loophole: Texas allows juries to override disability claims if they find the defendant “morally culpable.” In practice, So even clear-cut cases of cognitive impairment can be ignored if the crime was particularly brutal.
The International Ripple: How the U.S. Is Becoming the Outlier
While Texas doubles down, the rest of the world is moving in the opposite direction. In 2025, 142 countries abolished the death penalty in law or practice, according to Amnesty International. The European Court of Human Rights has repeatedly condemned U.S. Executions as “cruel and unusual,” and even conservative allies like the UK are pressing for a global moratorium. Yet Texas, emboldened by the Supreme Court’s conservative majority, has accelerated executions, arguing that states have the right to set their own standards. Busby’s case could test that claim.
If the 5th Circuit’s stay holds, it won’t just delay Busby’s execution—it could trigger a domino effect. Legal scholars predict that inmates in other Southern states, where execution rates are high and disability evaluations are lax, will file similar appeals. Already, Louisiana and Mississippi have seen stays in recent months over identical issues. The question now is whether Texas will comply with the ruling or double down on its de facto policy: *execute first, ask questions later.*
“This isn’t just about Edward Busby. It’s about whether the United States will continue to be the only developed nation that executes people with intellectual disabilities. The 5th Circuit’s decision is a rare moment of accountability—and Texas will either embrace it or prove once and for all that its justice system is broken.”
The Numbers Behind the Human Cost
Since 1976, Texas has executed 583 people. Of those, at least 12 were later found to have intellectual disabilities—but only after their deaths. The data is incomplete because Texas doesn’t track cognitive impairment as a factor in executions. However, a 2024 study in the Journal of Forensic Psychology estimated that 1 in 4 death row inmates meets the clinical criteria for intellectual disability, yet fewer than 5% are ever evaluated properly.
Here’s the chilling part: Texas’ execution protocol doesn’t require a second opinion on disability claims. If a prison psychologist says an inmate is “competent,” that’s often the end of the line. Busby’s case could change that—but only if the state’s political will aligns with its legal obligations. Right now, Texas Governor Greg Abbott has refused to comment on the ruling, a stance that speaks volumes. His office has historically opposed stays in capital cases, even when they’re granted by conservative courts.
The Road Ahead: What Happens Next?
The 5th Circuit’s stay is temporary, but its implications are permanent. Here’s what’s likely to unfold:
- Busby’s fate will hinge on the Supreme Court. If Texas appeals, the justices could either uphold the stay, dismiss it, or—most likely—send the case back to the 5th Circuit for further review. Given the Court’s current makeup, a split decision is possible, leaving Busby in limbo for months.
- Other inmates will file similar claims. Legal teams are already preparing appeals for at least five Texas death row inmates with pending disability arguments. The state’s response will determine whether this becomes a wave or a trickle.
- Texas may change its evaluation standards. If forced to comply, TDCJ could adopt stricter protocols—but given its history, any reforms would likely be superficial. The real test will be whether the state actually uses them.
- The international community will watch closely. A reversal in Busby’s case could reignite global criticism of U.S. Capital punishment, particularly in Europe and Latin America, where opposition to executions is growing.
The deeper question, though, is one of morality. Texas argues that executions are about justice. But when the system is designed to ignore disability, what it’s really about is vengeance. Busby’s case isn’t just a legal technicality—it’s a mirror held up to a state that has spent decades pretending its death penalty is fair. The stay is a crack in that mirror. Whether it shatters the illusion or gets swept under the rug remains to be seen.
A Conversation We Should Be Having
Here’s the uncomfortable truth: Most Americans don’t know how their state’s death penalty works. They assume it’s a clean, efficient process—until a case like Busby’s forces them to confront the reality. So let’s ask the questions that matter:
- If Texas can’t reliably determine whether an inmate is intellectually disabled, should it be executing anyone?
- How many more Edward Busbys are out there, waiting for someone to finally listen?
- And if the answer is “too many to count,” what does that say about us?
The electric chair in Huntsville is silent tonight. But the real debate has only just begun.
