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5-4 Split Rejects IQ Test Rule, Death Row Stays

5/22/2026

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Story summary
  • Court dismissed Hamm v. Smith in a 5-4 vote, leaving the inmate on death row with no guidance on intellectual disability.
  • Justice Sonia Sotomayor, with Justice Ketanji Brown Jackson, said the Eighth Amendment does not require an IQ formula.
  • Justice Clarence Thomas dissented, urging overturn of the 2002 Atkins decision.
  • Nearly three-quarters of federal death sentences involve people of color, a fact Dom Kelly called a form of racial lynching.