The Supreme Court announced on May 21, 2026, that it will not decide the case of Hamm v. Smith, which concerns the execution of Alabama inmate Joseph Clifton Smith. The Court's decision to dismiss the case as 'improvidently granted' means that Smith's previous victory in the federal appeals court stands, preventing his execution.
While the Court did not issue a formal opinion, six justices expressed their views through concurring and dissenting opinions. Justice Sonia Sotomayor suggested that Alabama's legal representation may have contributed to the case's outcome, noting inconsistencies in the methods used to assess Smith's IQ. The case raised questions about whether Smith qualifies as intellectually disabled under the Supreme Court's 2002 ruling in Atkins v. Virginia, which prohibits the execution of individuals with intellectual disabilities.
The Court's decision indicates a cautious approach to constitutional questions that have not been thoroughly vetted in lower courts. Some justices, including Neil Gorsuch, appeared to adopt a more moderate stance compared to previous hardline views on capital punishment. The opinions expressed suggest that while there are divisions among the justices, there is no immediate threat to the protections established in Atkins.