SCOTUS to Determine Definition of Intellectual Disability

The United States Supreme Court heard oral arguments in Hamm v. Smith, a case involving an Alabama death-row inmate whose fate may depend on whether he is found to be intellectually disabled. At issue is whether IQ test scores alone are sufficient when determining intellectual disability — a designation that under U.S. law can make someone ineligible for the death penalty.

What This Case Is About

This case involves Joseph Clifton Smith, convicted of a 1997 murder and sentenced to death. Smith has taken five full-scale IQ tests, with scores ranging from 72 to 78. Because IQ tests are not exact, the lowest score (72) could theoretically reflect a “true” IQ as low as 69 once the standard error of measurement is accounted for. That estimate played a big role in a lower court’s decision to vacate his death sentence.

The Eleventh Circuit affirmed, using a holistic approach — considering all five IQ scores plus expert testimony about Smith’s difficulties in self-direction, social and interpersonal skills, independent home living, education, and other adaptive deficits.

Why the Supreme Court Is Involved

When the case first reached the Supreme Court in 2024, the justices vacated the ruling and sent it back for clarification. After the remand, the Eleventh Circuit made clear it was relying on a holistic approach. Alabama then appealed again, asking the Supreme Court to clarify what standard should apply when someone submits multiple IQ scores in a death-penalty case.

What’s at Stake

If the Supreme Court endorses a holistic standard, courts would be required to consider the full picture — all IQ scores, plus how a person functions in daily life. If the Court instead rules that the lowest possible score after adjusting for error should decide, it could set a stricter rule that makes it harder for some people to qualify as intellectually disabled.

For people with borderline or variable IQ test results, this could be a life-or-death decision. A holistic ruling would validate expert testimony about adaptive behavior, not just raw test scores — recognizing that intellectual disability is more than a number.

Broader Implications

Though this case directly concerns the death penalty, how courts treat IQ testing could influence other areas — criminal sentencing, disability benefits, and eligibility for services. The outcome could determine how individuals are classified as disabled and therefore eligible for Social Security benefits, educational services, and other accommodations.