Episode 60

Oral Argument: Hamm v. Smith | IQ Score Showdown

Hamm v. Smith | Case No. 24-872 | Oral Argument Date: 12/10/25 | Docket Link: Here

Question Presented: When someone takes multiple IQ tests to prove intellectual disability in a capital case, do courts look at all the scores together, or can one low score alone save their life?

Overview

The Supreme Court will decide whether courts must evaluate multiple IQ scores collectively or whether a single qualifying score triggers constitutional protection in death penalty cases. This decision affects hundreds of current death row inmates and reshapes capital litigation nationwide.

Oral Advocates:

  • For Petitioner (Hamm): Robert M. Overing, Principal Deputy Solicitor General, Montgomery, Alabama argued for Petitioner Hamm.
  • United States as Amicus Curaie in Support of Petitioner: Harry Graver, Assistant to the Solicitor General, Department of Justice.
  • For Respondent (Smith): Seth P. Waxman, Washington, D.C.

Link to Opinion: TBD.

Website Link to Opinion Summary: TBD.

Website Link to Oral Argument: TBD.

Timestamps:

[00:00:00] Oral Argument Preview

[00:01:28] Oral Argument Begins

[00:01:43] Petitioner Opening Statement

[00:03:58] Petitioner Free for All Questions

[00:20:43] Petitioner Round Robin Questions

[00:44:36] United States as Amicus Curiae Opening Statement

[00:45:47] United States Free for All Questions

[00:55:27] United States Round Robin Questions

[01:21:13] Respondent Opening Statement

[01:24:00] Respondent Free for All Questions

[01:51:28] Respondent Round Robin Questions

[02:01:18] Petitioner Rebuttal

About the Podcast

Show artwork for The High Court Report
The High Court Report
Supreme Court coverage that cuts through complexity