Decided
Hamm v. Smith (Capital Punishment)
Holding
Certiorari dismissed as improvidently granted.
Judgment
Dismissed as improvidently granted, 5-4, in a per curiam opinion on May 21, 2026. Justice Sotomayor wrote a concurring opinion, joined by Justice Jackson. Justice Thomas wrote a dissenting opinion. Justice Alito wrote a dissenting opinion, joined in full by Thomas and joined as to parts I, III, and IV by Chief Justice Roberts and Justice Gorsuch.
Vote
5
4
SotomayorKaganKavanaughBarrettJackson
AlitoRobertsThomasGorsuch
Related Coverage
Feb 12, 2025Petition for a writ of certiorari filed. (Response due March 17, 2025)Feb 19, 2025Motion to extend the time to file a response from March 17, 2025 to April 16, 2025, submitted to The Clerk.
Feb 28, 2025Motion to extend the time to file a response is granted and the time is extended to and including April 16, 2025 (30-day extension of time).
Mar 17, 2025Brief amici curiae of Idaho, et al. filed.Mar 17, 2025Brief amicus curiae of United States filed.Apr 16, 2025Motion for leave to proceed in forma pauperis filed by respondent Joseph Clifton Smith.Apr 16, 2025Brief of respondent Joseph Clifton Smith in opposition filed.May 6, 2025DISTRIBUTED for Conference of 5/22/2025.
May 6, 2025Reply of petitioner John Q. Hamm, Commissioner, Alabama Dept. of Corrections filed. (Distributed)May 27, 2025DISTRIBUTED for Conference of 5/29/2025.
Jun 2, 2025DISTRIBUTED for Conference of 6/5/2025.
Jun 6, 2025Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 6, 2025Petition GRANTED limited to the following question: Whether and how courts may consider the cumulative effect of multiple IQ scores in assessing an Atkins claim.
Jun 16, 2025Motion for an extension of time within which to file the briefs on the merits filed.Jun 24, 2025Motion to extend the time within which to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 4, 2025. The time to file respondent's brief on the merits is extended to and including September 17, 2025.
Aug 4, 2025Brief of petitioner Commissioner, Alabama Dept. of Corrections filed.Aug 4, 2025Joint appendix, Volume I and Volume II filed.Aug 4, 2025Joint motion for leave to file Volume III of the joint appendix with redactions.Aug 4, 2025Joint appendix Volume III filed (9/22/25).Aug 11, 2025Brief amicus curiae of United States in support of petitioner filed.Aug 11, 2025Brief amici curiae of State of Idaho, et al. filed.Aug 11, 2025Brief amicus curiae of Kentucky filed.Aug 11, 2025Brief amicus curiae of America First Legal Foundation filed.Aug 11, 2025Brief amicus curiae of Criminal Justice Legal Foundation filed.Aug 12, 2025SET FOR ARGUMENT on Tuesday, November 4, 2025. (Note: Removed from November argument calendar on September 18, 2025).
Aug 20, 2025Record requested from the United States Court of Appeals for the Eleventh Circuit.
Aug 25, 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Aug 27, 2025Record received electronically from the United States District Court for the Southern District of Alabama and available with the Clerk.
Sep 9, 2025Record received electronically from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk.
Sep 17, 2025Brief of respondent Joseph Clifton Smith filed.Sep 18, 2025REMOVED from the argument calendar for Tuesday, November 4, 2025.
Sep 22, 2025Motion to file Volume III of the joint appendix with redactions GRANTED.
Sep 24, 2025Brief amici curiae of American Psychological Association, et al. filed.Sep 24, 2025Brief amicus curiae of Professor Katie Kronick filed.Sep 24, 2025Brief amici curiae of American Association on Intellectual and Developmental Disabilities (AAIDD), et al. filed.Oct 14, 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 17, 2025SET FOR ARGUMENT on Wednesday, December 10, 2025.
Oct 17, 2025Reply of petitioner Commissioner, Alabama Dept. of Corrections filed.Oct 22, 2025CIRCULATED
Dec 10, 2025Argued. For petitioner: Robert M. Overing, Principal Deputy Solicitor General, Montgomery, Ala.; and Harry Graver, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Seth P. Waxman, Washington, D. C.
May 21, 2026Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. Justice Sotomayor, with whom Justice Jackson joins, concurring. Justice Thomas, dissenting. Justice Alito, with whom Justice Thomas joins, and with whom The Chief Justice and Justice Gorsuch join as to Parts I, III, and IV, dissenting.
Jun 22, 2026Judgment Issued.Recommended Citation: Hamm v. Smith (Capital Punishment), SCOTUSblog, https://www.scotusblog.com/cases/hamm-v-smith-4/