Supreme Court Declines to Clarify Standards for Intellectual Disability in Death Penalty Cases

On May 21, 2026, the U.S. Supreme Court issued a 5-4 decision to dismiss the Hamm v. Smith case, leaving unresolved how lower courts should evaluate multiple IQ scores and broader evidence when determining intellectual disability for capital defendants. The Court’s unsigned opinion described the grant of review as “improvidently granted.” The case centered on Joseph Clifton Smith, an Alabama inmate sentenced to death for a 1997 robbery-murder, whose five documented IQ scores ranged from 72 to 78. By declining to set a national standard, the Court left the existing state-by-state approaches in place.

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The 2002 decision in *Atkins v. Virginia* barred executions of individuals with intellectual disabilities, but delegated to the states the task of defining disability. The Court later refined the standard in *Hall v. Florida* (2014) and *Moore v. Texas* (2017), emphasizing that IQ tests alone are insufficient and that a holistic assessment is required. These precedents frame the current dispute over how to weigh multiple IQ scores and ancillary evidence.

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• Joseph Clifton Smith – Alabama death-row inmate whose intellectual-disability claim is under review.

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• Justice Sonia Sotomayor (joined by Justice Ketanji Brown Jackson) – authored the concurring opinion stressing the need for a holistic approach.

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• Justice Clarence Thomas – sole dissenter, advocating for overturning *Atkins*.

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• Justices Alito, Roberts, Gorsuch – joined Thomas in dissent.

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• State of Alabama – argued Smith does not meet the disability threshold.

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• Death Penalty Information Center – provides data on racial composition of federal death-sentence recipients.

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• New Disabled South – disability-justice organization led by CEO Dom Kelly.

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• 2002 – *Atkins v. Virginia* bans execution of intellectually disabled persons.

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• 2014 – *Hall v. Florida* requires consideration beyond IQ scores.

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• 2017 – *Moore v. Texas* reaffirms holistic assessment.

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• 2021 – Alabama executes Willie Smith amid disability controversy.

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• May 21, 2026 – Supreme Court dismisses Hamm v. Smith, leaving standards unsettled.

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• Twenty-seven states retain the death penalty, each with its own disability-assessment protocol.

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• Smith’s IQ scores (72-78) fall within the bottom five percent of the population, a range the Court has previously associated with mild intellectual disability.

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• The Death Penalty Information Center reports that nearly three-quarters of federal death-sentence recipients are people of color.

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The concurring opinion, authored by Justices Sotomayor and Jackson, emphasized that the Eighth Amendment “does not prescribe a single formula for weighing multiple IQ scores” and that courts must consider evidence holistically. The dissent, led by Justice Thomas and joined by Alito, Roberts, and Gorsuch, argued that *Atkins* creates “confusion and absurdity” and should be overruled. Alabama’s brief contended that Smith’s documented scores do not meet the legal threshold for intellectual disability, supporting the state’s request to proceed with execution.

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Dom Kelly of New Disabled South linked the case to broader racial inequities, stating that the United States “created a system of law based around racial hierarchy” and that capital punishment functions as “the next generation of racial lynching.” Advocates expressed concern that, despite *Atkins*, executions of disabled individuals continue, citing the disputed 2021 execution of Willie Smith as an example.

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Sources differ on how many of Smith’s IQ scores qualify as evidence of mild intellectual disability and on the weight courts should assign to multiple test results. No lower-court ruling on the specific issue was presented, leaving a procedural gap in the judicial record.

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• “The Court is not equipped in this case to provide any meaningful guidance on how courts should assess multiple IQ scores,” — Justice Sonia Sotomayor

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• “All the parties here agree that the Eighth Amendment does not prescribe a single formula for weighing multiple IQ scores.” — Justice Sonia Sotomayor

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• “In a country that created a system of law based around racial hierarchy, it’s no wonder that people of color, particularly Black people, are more likely to be executed, especially if they are disabled,” — Dom Kelly, CEO, New Disabled South

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• “In 2026, capital punishment is the next generation of racial lynching and the state’s way of keeping the eugenics movement alive.” — Dom Kelly, CEO, New Disabled South

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• “Atkins has bred only confusion and absurdity. Nothing in the text or history of the Constitution supports Atkins. It should be overruled.” — Justice Clarence Thomas

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By refusing to issue guidance, the Court leaves each state to continue its own disability-assessment procedures, preserving the current patchwork of standards. Smith remains on death row, but the dismissal suggests he is unlikely to face execution. The unresolved methodological question may prompt future litigation as advocates seek clearer federal standards for protecting intellectually disabled defendants from capital punishment.

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