On May 22, 2026, the U.S. Supreme Court dismissed Hamm v. Smith, declining to rule on how states should evaluate intellectual disability when multiple IQ test scores conflict. The case originated in Alabama, where Joseph Clifton Smith has been on death row since 1998 for a capital murder conviction. Lower courts found Smith intellectually disabled based on five IQ tests scoring between 72 and 78, but Alabama sought a ruling that would require averaging multiple scores, a method that could raise the threshold above the widely recognized cutoff of 70.

The dismissal leaves existing protections in place under Atkins v. Virginia (2002), which prohibits executing people with intellectual disabilities. But the stakes extended far beyond death penalty law.

Why This Case Mattered Beyond Death Penalty Law

Disability advocates including the Bazelon Center for Mental Health Law noted that a ruling against Smith could have narrowed protections for anyone whose intellectual disability determination involves fluctuating test scores. The legal definition of intellectual disability doesn't only govern criminal proceedings: it's the same standard used to determine eligibility for disability services, Supplemental Security Income (SSI), Medicaid waivers, special education supports, and state developmental disability programs.

If the Court had adopted Alabama's position, allowing multiple IQ scores above 70 to override earlier scores below the threshold, it could have created a precedent affecting how schools, SSA, and state agencies evaluate intellectual disability across the board. A parent whose child scored 68 on one assessment and 74 on another might face a denial based on the argument that "multiple scores" disqualify their child from services.

The dismissal means that existing clinical and legal frameworks remain intact. Intellectual disability determinations still consider adaptive functioning, the age of onset, and the full context of testing, not just whether multiple scores can be averaged to exceed a cutoff.

What the Court Decided Not to Decide

Justice Sonia Sotomayor wrote in her concurring opinion that "The Court is not equipped in this case to provide any meaningful guidance on how courts should assess multiple IQ scores," citing the lack of a substantial evidentiary record. The Court's dismissal leaves lower court rulings in Smith's favor undisturbed, but it doesn't create binding precedent on how to handle conflicting test results.

Four conservative justices dissented, arguing the federal appeals court in Atlanta had improperly analyzed the case and that the Supreme Court should have ordered a re-examination. That split signals the issue remains unresolved at the highest level and could resurface in a future case with a stronger evidentiary record.

For now, Alabama's rule that multiple IQ scores can be considered remains in place within that state, but the broader question of how to interpret fluctuating scores wasn't answered nationally.

What This Means for Families

If your family member has been evaluated for intellectual disability and received conflicting IQ scores, the existing clinical standards still apply. A single score isn't the sole determinant. Evaluators must consider:

• Adaptive functioning in daily life (communication, self-care, social skills)
• Age of onset (symptoms must have appeared before age 18 or during the developmental period)
• The margin of error inherent in all standardized testing (typically ±5 points)

The dismissal preserves the framework established in Atkins and reinforced through decades of clinical guidance from the American Association on Intellectual and Developmental Disabilities (AAIDD). Agencies and schools can't adopt a simplistic "average the scores" approach without considering the full diagnostic picture.

If your family member's eligibility for services has been questioned based on one higher test score, you can cite the fact that intellectual disability determinations require a comprehensive evaluation, not cherry-picking results.

What Families Should Know Going Forward

The Supreme Court's decision not to rule leaves the current system in place, but it doesn't close the door on future challenges. Families navigating evaluations for SSI, Medicaid waivers, or special education should be aware that testing variability is normal and shouldn't automatically disqualify someone whose adaptive functioning reflects an intellectual disability.

If your child or adult family member is facing an eligibility determination:

• Request a comprehensive evaluation that includes adaptive behavior assessments, not just IQ testing
• Ask evaluators to document the standard error of measurement and explain how it affects score interpretation
• If eligibility is denied based on one higher score, appeal and request that all scores and adaptive functioning be considered together
• Consult with an advocacy organization or attorney familiar with intellectual disability determinations in your state

The dismissal means the definition of intellectual disability remains stable for now. But the split decision signals that this issue hasn't been permanently settled, and families should stay informed as legal challenges continue.

Where to Find More Information

The full Supreme Court order is available through the Legal Information Institute at Cornell Law School. Disability Scoop's coverage provides additional context on the advocacy perspective.

Families seeking guidance on intellectual disability evaluations can contact the Arc or consult state-specific developmental disability agencies for information on how diagnoses are determined in their jurisdiction.