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John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-14519 · judgment November 14, 2024
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
Like most States, Alabama requires that offenders prove an IQ of 70 or less to satisfy the intellectual-functioning prong of Atkins v. Virginia. This case was not close: Smith scored 75, 74, 72, 78, and 74 on five full-scale IQ tests. There is no way to conclude from these five numbers that Smith's true IQ is likely to be 70 or below. So the courts below required Smith to prove only that his IQ "could be" 70 and required the State to bring evidence "strong enough" to "foreclose" and "rule out the possibility" of intellectual disability. The first question presented is:
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Whether, under a proper application of Atkins, a State can require a claimant to prove an IQ of 70 or less by a preponderance of the evidence. Evaluating multiple IQ scores is "complicated," and "this Court has not specified how" to do it. In the State's view, five scores are more accurate than one, and there are ways to account for that fact. The courts below disagree. The district court relied on Smith's 72 ± 3 to find that his IQ "could be" 69. On remand, the Eleventh Circuit's "holistic approach" asked whether Smith had scores of "about" 75 or less. Counting four out of five scores between 72 and 75, the court found "consistent evidence" that Smith "may" qualify as mildly disabled. Thus, the court "followed the law's requirement," in its view, to "move on" to Smith's adaptive deficits. The second question presented is:
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Whether courts evaluating multiple IQ scores must find that every valid score of "about" 75 or less supports an Atkins claim. THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER AND HOW COURTS MAY CONSIDER THE CUMULATIVE EFFECT OF MULTIPLE IQ SCORES IN ASSESSING AN ATKINS CLAIM. DISMISSED AS IMPROVIDENTLY GRANTED.
Counsel of record
For petitioner
Robert Michael Overing
Office of the Attorney General
For respondent
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 8 merits
(5 supporting pet./neither, 3 respondent)
Argument & decision
Argued December 10, 2025 — Robert M. Overing · Seth P. Waxman. Audio and transcript
Decided May 21, 2026. Opinion by Per Curiam.
Proceedings
- Jun 22 2026Judgment Issued.
- May 21 2026Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. Justice Sotomayor, with whom Justice Jackson joins, concurring. Justice Thomas, dissenting. Justice Alito, with whom Justice Thomas joins, and with whom The Chief Justice and Justice Gorsuch join as to Parts I, III, and IV, dissenting.
- Dec 10 2025Argued. For petitioner: Robert M. Overing, Principal Deputy Solicitor General, Montgomery, Ala.; and Harry Graver, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Seth P. Waxman, Washington, D. C.
- Oct 22 2025CIRCULATED
- Oct 17 2025SET FOR ARGUMENT on Wednesday, December 10, 2025.
- Oct 17 2025Reply of petitioner Commissioner, Alabama Dept. of Corrections filed.
- Oct 14 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Sep 24 2025Brief amici curiae of American Psychological Association, et al. filed.
- Sep 24 2025Brief amicus curiae of Professor Katie Kronick filed.
- Sep 24 2025Brief amici curiae of American Association on Intellectual and Developmental Disabilities (AAIDD), et al. filed.
- Sep 22 2025Motion to file Volume III of the joint appendix with redactions GRANTED.
- Sep 18 2025REMOVED from the argument calendar for Tuesday, November 4, 2025.
- Sep 17 2025Brief of respondent Joseph Clifton Smith filed.
- Sep 09 2025Record received electronically from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk.
- Aug 27 2025Record received electronically from the United States District Court for the Southern District of Alabama and available with the Clerk.
- Aug 25 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Aug 20 2025Record requested from the United States Court of Appeals for the Eleventh Circuit.
- Aug 12 2025SET FOR ARGUMENT on Tuesday, November 4, 2025. (Note: Removed from November argument calendar on September 18, 2025).
- Aug 11 2025Brief amicus curiae of United States in support of petitioner filed.
- Aug 11 2025Brief amici curiae of State of Idaho, et al. filed.
- Aug 11 2025Brief amicus curiae of Kentucky filed.
- Aug 11 2025Brief amicus curiae of America First Legal Foundation filed.
- Aug 11 2025Brief amicus curiae of Criminal Justice Legal Foundation filed.
- Aug 04 2025Brief of petitioner Commissioner, Alabama Dept. of Corrections filed.
- Aug 04 2025Joint appendix, Volume I and Volume II filed.
- Aug 04 2025Joint motion for leave to file Volume III of the joint appendix with redactions.
- Aug 04 2025Joint appendix Volume III filed (9/22/25).
- Jun 24 2025Motion to extend the time within which to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 4, 2025. The time to file respondent's brief on the merits is extended to and including September 17, 2025.
- Jun 16 2025Motion for an extension of time within which to file the briefs on the merits filed.
- Jun 06 2025Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Jun 06 2025Petition GRANTED limited to the following question: Whether and how courts may consider the cumulative effect of multiple IQ scores in assessing an Atkins claim.
- Jun 02 2025DISTRIBUTED for Conference of 6/5/2025.
- May 27 2025DISTRIBUTED for Conference of 5/29/2025.
- May 06 2025DISTRIBUTED for Conference of 5/22/2025.
- May 06 2025Reply of petitioner John Q. Hamm, Commissioner, Alabama Dept. of Corrections filed. (Distributed)
- Apr 16 2025Motion for leave to proceed in forma pauperis filed by respondent Joseph Clifton Smith.
- Apr 16 2025Brief of respondent Joseph Clifton Smith in opposition filed.
- Mar 17 2025Brief amici curiae of Idaho, et al. filed.
- Mar 17 2025Brief amicus curiae of United States filed.
- Feb 28 2025Motion to extend the time to file a response is granted and the time is extended to and including April 16, 2025 (30-day extension of time).
- Feb 19 2025Motion to extend the time to file a response from March 17, 2025 to April 16, 2025, submitted to The Clerk.
- Feb 12 2025Petition for a writ of certiorari filed. (Response due March 17, 2025)