Supreme Court Considers Intellectual Disability in Alabama Death Penalty Case

The U.S. Supreme Court is currently deliberating the case of Hamm v. Smith, which examines how courts should evaluate multiple IQ scores when determining if a defendant is intellectually disabled and thus ineligible for the death penalty under the Eighth Amendment. The case involves Joseph Clifton Smith, who was convicted of murder in Alabama in 1997 and sentenced to death. Smith's legal team argues that he is intellectually disabled, citing five IQ tests that show scores ranging from 72 to 78, which could indicate a score below 70 when accounting for the margin of error. Under Alabama law, an IQ of 70 or below is one of the criteria for intellectual disability.

Supreme Court wrestles with Alabama death penalty case centered on intellectual disabilityAlabama Political ReporterWashington ExaminerJURIST

The Supreme Court's deliberations focus on whether Alabama's interpretation of intellectual disability aligns with previous rulings, particularly Atkins v. Virginia, which prohibits executing intellectually disabled individuals. Alabama's Principal Deputy Solicitor General, Robert Overing, contends that Smith's highest IQ score should be the primary consideration, arguing that the lower courts misapplied the law by treating Smith as intellectually disabled based on a single low score. Conversely, Smith's attorney, Seth Waxman, advocates for a holistic approach that considers all evidence, including adaptive functioning and educational history, rather than relying solely on IQ scores.

Supreme Court wrestles with Alabama death penalty case centered on intellectual disabilityAlabama Political ReporterWashington ExaminerJURIST

Alabama Attorney General Steve Marshall expressed confidence in the state's arguments, asserting that Smith's defense has not proven intellectual disability. He emphasized that the state should be allowed to execute Smith based on the evidence of his IQ scores. In contrast, disability advocacy groups have filed briefs supporting Smith, arguing that intellectual disability should not be determined solely by IQ scores.

Supreme Court wrestles with Alabama death penalty case centered on intellectual disabilityAlabama Political ReporterJURISTWashington Examiner

Critics of Alabama's position, including several justices during oral arguments, raised concerns about the implications of prioritizing the highest IQ score. Justice Ketanji Brown Jackson questioned the validity of Overing's arguments, suggesting that they shift the focus away from established case law that allows for a broader evaluation of intellectual functioning. Justice Sonia Sotomayor expressed skepticism about the proposed methods for handling multiple IQ scores, indicating that they lack support in existing legal frameworks.

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The justices' questioning revealed a divide on how to interpret the role of IQ scores in assessing intellectual disability. While Alabama argues for a strict adherence to the highest score, other justices and Smith's legal team advocate for a more nuanced approach that includes adaptive functioning and other life history evidence. This disagreement highlights the ongoing uncertainty in how courts should apply the standards set by previous rulings.

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The Supreme Court is expected to issue a ruling in Hamm v. Smith by the end of June 2026. The decision will have significant implications not only for Smith's fate but also for the broader legal standards governing the evaluation of intellectual disability in capital cases. The outcome could reshape how courts handle similar cases in the future, particularly regarding the intersection of IQ testing and the determination of intellectual disability.

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