U.S. Supreme Court Oral Arguments Hamm v. Smith
Dec 10, 2025
Guest
Respondent Counsel / Alabama Representative (Mr. Waxman)
Guest
Respondent Counsel (Mr. Graver)
Guest
Petitioner Counsel (Mr. Overing)
In this discussion, lead petitioner counsel Mr. Overing presents arguments on how multiple IQ scores should be evaluated in Atkins claims. Respondent counsel Mr. Graver defends Alabama's law, emphasizing state discretion in defining intellectual disability, while Mr. Waxman advocates for a holistic analysis of evidence beyond just IQ scores. The interplay of IQ results and adaptive functioning evidence takes center stage, as the justices probe the implications of federal standards versus state-defined criteria for the Eighth Amendment.
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Adopt Clear Methods For Multiple IQ Scores
- States may adopt clear, reasonably reliable methods for aggregating multiple IQ scores to assess true IQ.
- The petitioner proposed methods like median, overlap of SEMs, composite scores, averages, or using the high score when its SEM lies above 70.
SEM And When Adaptive Evidence Is Triggered
- Hall requires courts to account for the standard error of measurement (SEM) for each IQ score.
- When one score's SEM includes 70, courts must allow additional evidence but may still weigh multiple scores together.
Adaptive Evidence Can Be Subjective And Malleable
- Relying on amorphous adaptive-behavior facts can produce subjective, unreliable outcomes.
- Petitioner warned courts often stop weighing IQ evidence and instead shift to disparate adaptive anecdotes.