Hamm v. Smith
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.

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.
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Opinion added: Hamm
Opinion added: Opinion
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Brief added: Petition
More questions
- 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.