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Supreme Court Lets Lower Rulings Bar Alabama Execution in IQ Dispute

The court dismissed Alabama’s appeal as improvidently granted, preserving the lower‑court finding that Joseph Clifton Smith is intellectually disabled.

Overview

  • The Supreme Court dismissed the case on Thursday, May 21, 2026, leaving in place a district court and the 11th Circuit ruling that Joseph Clifton Smith is intellectually disabled and therefore ineligible for execution.
  • Justices Sonia Sotomayor and Ketanji Brown Jackson wrote that the record was not suitable for setting a national rule on how to combine or weigh multiple IQ tests.
  • The factual dispute involved five IQ scores for Smith ranging from 72 to 78 and the tests’ standard error of measurement, which can place a low score near or below the 70 threshold used in Atkins cases.
  • Four conservative justices dissented, with Justice Samuel Alito arguing the Court should have provided a clear method for calculating a defendant’s ‘true’ IQ and Justice Clarence Thomas urging that Atkins v. Virginia be overruled.
  • Disability advocates and legal experts warned the outcome preserves protections against executing people with intellectual disabilities but leaves legal uncertainty for lower courts and could prompt future petitions seeking a uniform rule.