Thus , when the Court confronted the issue in Penry in 1989 , the Court could not say that a national consensus against executing the mentally retarded had emerged .
Congress followed two years later , and the next year Maryland joined these two jurisdictions .
When the Court confronted the issue in Penry in 1989 , the Court could not say that a national consensus against executing the mentally retarded had emerged .
Congress followed two years later , and the next year Maryland joined these two jurisdictions .