ATLANTA (AP) – Lawyers for a Georgia man whose execution was put on hold by a judge this week are arguing in court filings that he is ineligible for execution because of his cognitive impairments.

Lawyers for Virgil Delano Presnell Jr. said in a filing with the Georgia Supreme Court on Wednesday that he is a “cognitively disabled man” whose execution is prohibited by the U.S. Constitution.

The U.S. Supreme Court ruled in 2002 that the execution of intellectually disabled people is unconstitutional.

Presnell’s lawyers argue that includes people like him with fetal alcohol spectrum disorders.