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mahatmakanejeeves

(70,909 posts)
Thu May 21, 2026, 10:16 AM Thursday

Supreme Court dismisses Hamm v. Smith, a death penalty case, as improvidently granted.

https://www.scotusblog.com/2026/05/announcement-of-opinions-for-thursday-may-21/

Whoa. Hamm v. Smith, the death penalty case, is dismissed as improvidently granted.
6
Sotomayor concurs in the decision to dismiss, joined by Jackson.
Zachary Shemtob
Mod
10:10 AM
https://www.supremecourt.gov/opinions/25pdf/24-872_ec8f.pdf
future lawyer
10:11 AM
1
And we have R numbers
Amy Howe
Mod
10:11 AM
5
Thomas dissents from the decision to dismiss; Alito dissents, joined by Thomas and in part by the chief and Gorsuch.
1
This was a case about how courts should analyze multiple IQ scores when a defendant claims that he is intellectually disabled and therefore cannot be executed.
MaddogEngineer
10:12 AM
8
So per curiam outranks the chief in seniority? 🙄
Stefan replied MaddogEngineer
10:13 AM
30
So per curiam outranks the chief in seniority? 🙄
Justice Per Curiam has been on the Court since its founding.
David LatMod replied MaddogEngineer
10:13 AM
So per curiam outranks the chief in seniority? 🙄
You'd think PC opinions would be announced first or last—so I guess the answer to your question is yes?
Rory K. Little
Mod
10:13 AM
That leaves Smith free from execution. As the lower federal court's decided. That seems like the right result, no need to interfere when lower courts are in agreement (as Justice Stevens used to say, as a presumption at least).
Amy Howe
Mod
10:13 AM
In this case, the Supreme Court last term sent the case of Joseph Smith back for the lower court to clarify the basis for its decision. The district court had held that Smith had shown that he was intellectually disabled, and on remand the Eleventh Circuit upheld the district court's ruling.
Zachary Shemtob
Mod
10:14 AM
3
Just to reiterate (since folks are asking): no more opinions today.
Amy Howe
Mod
10:14 AM
2
Sotomayor writes that the Supreme Court "is not equipped in this case to provide any meaningful guidance on how courts should assess multiple IQ scores."

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