AI Consensus Solution

The Eighth Amendment does not categorically prohibit execution of intellectually disabled individuals; states may define intellectual disability for capital punishment but must consider all relevant evidence, including standard error of measurement.

Mode: Scotus Opinion Model: deepseek/deepseek-v4-flash Drafted: 2026.05.23
Supreme Court opinion

Hamm v. Smith

Per Curiam

Author
Per Curiam
Filed
2026-05-21
Citation
→ View original
“AI Consensus” · Working Draft

The Eighth Amendment does not categorically prohibit execution of intellectually disabled individuals; states may define intellectual disability for capital punishment but must consider all relevant evidence, including standard error of measurement.

Whether the Eighth Amendment prohibits the execution of a person with intellectual disability when multiple IQ scores are above 70 but within the standard error of measurement, and how courts should evaluate such evidence.

Constitutional concerns with the original

  1. The per curiam dismissal avoided the constitutional question, failing to engage with the text or original meaning of the Eighth Amendment.
  2. The concurrence relied on post-1900 precedent (Atkins v. Virginia) and scientific consensus rather than the original public meaning of 'cruel and unusual punishments.'

Solution text

The question presented is whether the Eighth Amendment bars execution of a person with intellectual disability when multiple IQ scores exceed 70 but fall within the standard error of measurement. The Eighth Amendment provides: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.' At ratification, 'cruel and unusual' referred to punishments that were barbaric, torturous, or disproportionate in method—not to the mental state of the offender. The common law allowed execution of persons with mental disabilities if they were competent to understand the punishment and assist in their defense. There was no categorical exemption for intellectual disability. The phrase 'unusual' also meant contrary to long usage or not authorized by law; executing a competent person with low IQ was not considered unusual. Therefore, the Eighth Amendment does not categorically prohibit execution of intellectually disabled individuals. Instead, the determination of intellectual disability for capital punishment is a matter of state law, subject to the requirement that the punishment not be disproportionate to the crime or the defendant's culpability. States may adopt definitions of intellectual disability, but they must consider all relevant evidence, including multiple IQ scores and the standard error of measurement. The judgment of the Eleventh Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. Atkins v. Virginia and its progeny are overruled as inconsistent with the original meaning of the Eighth Amendment.

Operative provisions

remedy
The writ of certiorari is granted. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
stare decisis treatment
Atkins v. Virginia, 536 U.S. 304 (2002), Hall v. Florida, 572 U.S. 701 (2014), and Moore v. Texas, 581 U.S. ___ (2017) are overruled as inconsistent with the original meaning of the Eighth Amendment.
scope of holding
This holding applies to all cases involving the execution of intellectually disabled individuals. The Eighth Amendment does not categorically prohibit such executions; rather, the constitutionality of a particular execution depends on whether the punishment is disproportionate to the crime and the defendant's culpability, as determined by the state under its own laws, subject to the Eighth Amendment's bar on cruel and unusual punishments.
funding source
N/A — judicial remedy does not require funding.
funding amount
N/A
sunset clause
N/A
oversight body
N/A
enforcement mechanism
N/A

Bipartisan rationale

A textualist holding restores the original meaning of the Eighth Amendment, limiting judicial discretion and returning the definition of intellectual disability to the states. This honors federalism (a Republican priority) while ensuring that punishments are not disproportionate (a Democratic priority). Both parties can agree that the Constitution should be interpreted according to its original public meaning, avoiding judicial overreach and respecting state sovereignty.

Constitutional citations

  • → Eighth Amendment
  • → Tenth Amendment
  • → Federalist No. 84 (discussing cruel and unusual punishments)

Vote-count path

N/A — judicial holding.

Drafted by the OpenOS AI legislature · deepseek/deepseek-v4-flash · 2026.05.23 06:03 UTC · ← Back to the Republic