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Emergency application · Capital case

Intellectual disability and execution

In Re Jamaal Howard

Denied
No. 26A470Stay applicationFiled by a prisoner facing executionPresented to Justice Alito

What did the Court do?

The Court denied the request on October 7, 2026 and refused to halt the execution.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 0 days after filing

What's being asked

Jamaal Howard, a Texas death-row prisoner, asks the Supreme Court to pause his scheduled execution. He asks the Court to consider a petition seeking to send his claim to a federal district court for a hearing. Howard argues he is intellectually disabled and the Constitution bars Texas from executing him. He says no court has reviewed that claim under the current clinical framework.

What the Court did

The Court refused emergency help: it denied (turned down) Howard’s request for a temporary pause of his execution. It also denied (turned down) his habeas corpus petition (a prisoner’s challenge to being locked up). The order states no reason, and the Court did not publish how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 88 rulings on capital applications decided without a response came 2 to 5 days after filing, and the median was 3 days; this one was ruled on 0 days after filing.

What it means

The refusal to pause execution does not by itself decide Howard’s claim about intellectual disability. The Court also denied his habeas petition. The record identifies no continuing lower-court proceeding, related merits case, or argument.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A470. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 7, 2026