Executing someone with an intellectual disability is unconstitutional, and the courts have upheld that standard for over two decades. Smith's IQ scores, academic history and adaptive deficits clearly meet the threshold set in Atkins v. Virginia and letting Alabama carry out this execution would gut a foundational protection against cruel and unusual punishment.
SCOTUS has exposed just how little appetite exists on the bench for rethinking Eighth Amendment death penalty limits. Only Thomas pushed for restoring the clause's original meaning, meaning that the modern framework restricting capital punishment rests on evolving standards rather than constitutional text — a loss for those who subscribe to originalist interpretations of the Constitution.
© 2026 Improve the News Foundation.
All rights reserved.
Version 7.4.1