The Supreme Court heard oral argument this week in Hamm v. Smith (Dec 2025). The court is considering how, and whether, to weigh IQ tests against other evidence to determine intellectual disability, a key factor in Atkins claims.

Atkins v. Virginia, 536 U.S. 304 (2002), held that executing people with mental disabilities is unconstitutional per se under the Eighth Amendment’s cruel and unusual punishment prohibition.

The defendant in the case was originally sentenced to the death penalty in 1997. He is challenging the legality of the sentence based on a series of IQ tests he has been administered. More about the underlying issues of the case can be found here.

You can find the complete transcript of the oral argument here.