Sonia Sotomayor Questions Attorney on Defining Intellectual Disability in Hamm v. Smith

Defining Intellectual Disability

• 🎯 Sonia Sotomayor pressed amicus curiae Harry Graver on the definition of intellectual disability, specifically concerning IQ scores and adaptive functioning.
• ❓ The core of the questioning revolved around whether states are constitutionally required to define intellectual disability in a specific way, or if they have flexibility.
• ⚖️ Graver indicated uncertainty about whether states must adhere to a particular method, especially when multiple IQ scores fall within a range.

IQ Scores and Adaptive Functioning

• 📊 Sotomayor questioned the process when multiple IQ scores fall between 71 and 80, and whether adaptive functioning is then considered.
• 💡 The discussion touched upon whether experts approached the issue by focusing on IQ and then considering other evidence, or by integrating both.
• 📉 Graver stated that no expert in the case concluded that the respondent's true IQ was likely 70 or below, which is a key threshold.

Alabama Law and Expert Definitions

• 🧩 The distinction between clinical definitions used by experts and the specific requirements of Alabama law was highlighted.
• 📌 It was noted that experts used clinical definitions distinct from Alabama law, and the district court was expected to follow Alabama law.
• ⚠️ A point of contention was whether the district court's ruling properly followed Alabama law, particularly regarding the interpretation of IQ scores and the totality of evidence.

Legal Arguments and Burden of Proof

• 🗣️ Graver argued that the district court may have misunderstood the standard for a possibility of intellectual disability, especially concerning the 'one low score rule'.
• 📈 The argument was made that Alabama law involves a numerical inquiry into whether evidence can lower IQ scores below 70, and that this engagement was lacking.
• 🤔 The defense contended that the respondent had not carried their initial burden of proof regarding intellectual disability.