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Supreme Court Weighs How Multiple IQ Scores Should Factor in Death Penalty Eligibility

The ruling could determine whether courts apply a holistic clinical assessment or treat scores above 70 as dispositive in intellectual-disability claims.

Overview

  • The justices heard arguments in Hamm v. Smith, an Alabama appeal seeking to reinstate the death sentence of Joseph Clifton Smith after lower courts found him intellectually disabled.
  • Smith has five IQ scores from 72 to 78, and the lower courts applied test error ranges and adaptive-functioning evidence to conclude he is exempt from execution.
  • Alabama, backed by the Justice Department and 20 states, urged clearer rules that regard multiple scores above 70 as defeating an intellectual-disability claim.
  • Medical and disability groups pressed for a clinically grounded approach that considers margins of error and adaptive deficits rather than relying on a single numeric cutoff.
  • Several justices probed how to handle conflicting scores, and reporting indicated Justices Clarence Thomas and Samuel Alito seemed receptive to Alabama’s position, with a decision expected by June 2026.