A splintered Supreme Court on Thursday declined to rule in a case dealing with how states should assess the intellectual disabilities of capital defendants to determine if they should be spared the death penalty.
Two decades ago, the court barred the execution of people with mental disabilities as a violation of the Eighth Amendment ban on cruel and unusual punishment.
That ruling, in Atkins v. Virginia, gave states leeway to determine their own processes for deciding who was intellectually disabled. It led to follow-up cases from Florida and Texas in which the court further limited capital punishment.
Twenty-seven states permit the death penalty, but they differ in how they determine intellectual disability.
On Thursday, a majority of justices took a pass on deciding how states and lower courts should resolve cases in which defendants had taken I.Q. tests multiple times and received varying results, as well as the extent to which states must consider a broader evaluation of evidence beyond I.Q. test scores in deciding if a person is disabled.
The case involved Joseph Clifton Smith, an Alabama man, who was sentenced to death after being convicted of murdering a man he planned to rob in 1997. In the years before and after the murder, Mr. Smith took five I.Q. tests with scores ranging from 72 to 78.
The state sought to execute Mr. Smith, noting that the key part of Alabama’s law on mental disability turned on whether defendants had scored 70 or lower on the test. But a lower court found Mr. Smith was intellectually disabled, in part because the tests had a margin of error. Alabama asked the Supreme Court to weigh in.
The court’s brief unsigned order dismissed the case as “improvidently granted,” meaning the justices punted, and sent the matter back to the lower courts.
As a result, Mr. Smith will be spared the death penalty and resentenced, his lawyer said on Thursday.
“The District Court listened carefully to experts on all sides and concluded that Mr. Smith is intellectually disabled. The Supreme Court declined to disturb that finding,” his attorney Kacey L. Keeton, of the Federal Defender office for the Middle District of Alabama, said in a statement. “For Mr. Smith and his family, today brings profound relief.”
The Alabama attorney general’s office did not immediately respond to a request for comment.
Although the Supreme Court did not resolve the key question in Mr. Smith’s case, it prompted several separate opinions.
Justice Sonia Sotomayor said the record in Mr. Smith’s case was incomplete and the court could not use it to “provide any meaningful guidance” on how lower courts should assess multiple I.Q. scores.
“Proceeding without a more developed record or lower court opinions is especially perilous. That is because the differences between methods used to assess multiple I.Q. scores raise complicated questions on which even experts may disagree,” she wrote, joined by Justice Ketanji Brown Jackson.
Four justices dissented, saying the court had failed to address a recurring question that has “led to confusion and unsound analysis in lower courts.”
Justice Samuel A. Alito Jr. said the majority “shies away from its obligation to provide workable rules for capital cases,” doing a disservice to state criminal justice systems and “victims of horrific murders.”
Without clear rules, court hearings over multiple I.Q. scores will be “little more than battles of experts” and “whether a defendant lives or dies will hinge on which expert a judge finds more credible,” he wrote, joined by Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Neil M. Gorsuch.
Writing only for himself, Justice Thomas said the court should go even further and overturn its decision in the landmark Atkins case — a move that would significantly scale back protections against executing the mentally disabled.
Nothing in the nation’s history, he wrote, “suggests that there is anything unlawful about executing murderers now protected by Atkins — let alone one such as Smith who reads at an 11th-grade level and has never scored below 71 on a single I.Q. test.”
Medical and disability groups have warned that a narrow, test-focused approach conflicts with previous Supreme Court rulings and could increase the risk that people with intellectual disabilities are executed.
The Trump administration, which lifted a moratorium on the federal death penalty last January, supported the state’s position in part. D. John Sauer, the solicitor general, said states had discretion to determine whether a defendant was intellectually disabled and urged the court to defer to Alabama’s assessment.
Under Alabama law, to avoid execution, defendants like Mr. Smith are required to show “significant subaverage intellectual functioning at the time the crime was committed, to show significant deficits in adaptive behavior at the time the crime was committed, and to show that these problems manifested themselves before the defendant reached the age of 18.”
After lengthy litigation in state and federal court, a district court judge found in 2021 that Mr. Smith should have the opportunity to show he was intellectually disabled. When a score is close to but higher than 70, the judge said he “must be allowed to present additional evidence of intellectual disability.”
The judge noted that even one score of 72 could mean Mr. Smith’s I.Q. was actually as low as 69 because of the standard error of measurement. The district court judge also found Mr. Smith deficient in social and interpersonal skills, self-direction, independent living and academics.
A panel of the U.S. Court of Appeals for the 11th Circuit affirmed the ruling, citing two Supreme Court decisions that said that when a test score, adjusted for the margin of error, is 70 or less, the defendant must be able to provide additional evidence of intellectual disability.
In response to an earlier request from the Supreme Court in the matter, the 11th Circuit said its finding was based on a “holistic approach” and review of evidence, not just a single low score.
