| I like to periodically remind everybody that the Trump administration and the Supreme Court are serial killers, finding speedy and efficient ways to murder people on death row. The Supreme Court held oral arguments this week in Hamm v. Smith, a capital punishment case in which lawyers for a person the state wants to kill argues that their client is intellectually disabled and should therefore be shielded from the death penalty.
As a public intellectual and a person who makes their living on at least the appearance of being “smart,” I’m always shocked when people bring up IQ scores. In my expensively educated mind, IQ has largely been debunked as a reliable way of measuring intellectual capacity. When people quote IQ scores to me, all I hear is “Big number good, fire bad.”
It turns out that we still heavily rely on IQ scores to determine who is fit to die. If you score under 70, you are deemed to be mentally incapable of understanding the severity of your crime, and thus it is cruel for the state to murder you. If you score over 70, well, apparently, you deserve to die.
Joseph Smith has taken four IQ tests over the past 40 years that he’s been on death row in Alabama. He’s scored between 72 and 78. Alabama wants to execute him based on these scores, but a panel of experts, taking what they described as a holistic approach that goes beyond his IQ scores, has determined that Smith is intellectually disabled. Alabama is asking the Supreme Court to let them kill the guy all the same.
In case I’m not being clear, I think the death penalty is wrong, morally barbaric, and a violation of the Eighth Amendment’s ban on cruel and unusual punishment. But any argument that devolves into whether a few points on a standardized test marks you for death is darkly absurdist. Alabama is literally arguing that it can ignore experts who say Smith is intellectually disabled because he scored too high, by a couple of points, on a test.
It doesn’t appear that the Supreme Court will agree. While listening to oral arguments, I could not get past Justice Neil Gorsuch, the most homicidal justice when it comes to capital punishment. Explaining Gorsuch’s cruel and bloodthirsty commitment to the death penalty was one of the first articles I wrote for The Nation.
But Ian Millhisier argues that if I hadn’t been blinded by Gorsuch’s usual arguments to kill as many people as quickly as possible, I might have noticed that the occasional tag team of Kavanaugh and Amy Coney Barrett seemed skeptical of Alabama’s arguments.
All I heard was Republican justifications for our continued use of medieval punishments, but I hope Millhiser is right. |