The death penalty has largely been undisturbed since 1976 when the United States Supreme Court reinstated capital punishment by approving statutes in Florida, Georgia and Texas. Those decisions and the laws of 35 other States attempted to narrow the class of murderers eligible for execution with sentencing schemes that weighed aggravating and mitigating factors for and against death. However, in fall of 2002, these complex procedures were further complicated by two decisions by the Supreme Court, Atkins v. Virginia and Ring v. Arizona, leaving it to the States to determine who is retarded and who is not. These two decisions either banned or cast doubt on sentencing procedures in the nine States that leave the last word to judges instead of to juries. This will mean years of litigation in State courts and by legislators while they figure out what the justices meant and how to comply with their mandates. Frustration and distrust on the part of U.S. district judges, prosecuting attorneys, and even defense lawyers have led some to question the future viability of the death penalty in the United States.