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Hamm v. Smith

Updated Sep 19, 2026

In brief

The Court refused to hear Hamm v. Smith, so it did not decide whether the Eleventh Circuit properly handled the IQ-score issues.

Where it stands
Decided

Decided · May 15, 2023 · Opinion by Justice Thomas

What it’s about
This case involves an emergency application by the State of Alabama to vacate a stay of execution granted to a death row inmate who challenged the state's lethal injection protocol.
Who it affects
The denial ended this request for Supreme Court review, but it did not endorse either side's arguments or settle the IQ-score questions in this docket. The Court gave no answer about whether the Eleventh Circuit used the correct approach.

Summary: written with AI from the case record.

Illustration for Hamm v. Smith
Conceptual illustration · AI-generated

What it's about

The Supreme Court granted the application, allowing the execution to proceed, though the state ultimately called it off due to issues with establishing intravenous lines.

The Supreme Court can refuse to hear a case without deciding whether the lower court's legal reasoning was right.

Question presented

1. Whether the Eleventh Circuit’s decision, which creates a conflict among the circuits and state courts of last resort, violates this Court’s precedent by failing to apply the “standard error of measurement” to a petitioner’s IQ scores. 2. Whether the Eleventh Circuit’s decision, which creates a conflict among the circuits and state courts of last resort, violates this Court’s precedent by failing to consider the “Flynn Effect” when evaluating a petitioner’s IQ scores.

What the Court decided

Holding

Petition DENIED. Justice Thomas, with whom Justice Alito joins, dissenting from the denial of certiorari. (Detached Opinion )

The vote

Majority author
Clarence Thomas

What's next

This Supreme Court docket action is finished. The denial did not overturn the Eleventh Circuit's decision, and the Supreme Court issued no ruling on the IQ-score questions.

Documents

3

Docket activity

6
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • Opinion added: Hamm

    May 15, 2023 · Court records

  • Opinion added: Opinion

    May 15, 2023 · Court records

Show 1 more
  • Brief added: Petition

    Dec 20, 2022 · Court records

More questions

4
What IQ-score issues were raised in Hamm v. Smith?
The petition raised whether the Eleventh Circuit had to apply the standard error of measurement and consider the Flynn Effect when evaluating IQ scores.
What did the Supreme Court do in Hamm v. Smith?
The Court refused to hear the case by denying the petition. It did not decide the legal questions.
Did the Supreme Court decide whether the Eleventh Circuit was right?
No. The Court did not rule on whether the Eleventh Circuit properly handled the standard error of measurement or the Flynn Effect.
What happens next after Hamm v. Smith?
This Supreme Court docket action is finished. The denial did not overturn the Eleventh Circuit's decision, and no Supreme Court ruling followed on those questions.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 19, 2026Methodology

Court records and filings

Reporting and analysis