Hamm v. Smith · ¶177

Justice Sotomayor attempts to justify dismissing this case on the ground that it does not meaningfully present the question on which we granted certiorari. This assertion blinks reality. The question on which we granted certiorari asks how courts should “consider the cumulative effective of multiple IQ scores in assessing an Atkins claim.” 605 U. S. 1001. When the courts below assessed Smith's claim, they evaluated whether his “multiple IQ scores” were “consistently . . . so high” as to establish “that Smith is not intellectually disabled” under Atkins. App. to Pet. for Cert. 70a. Thus, this case plainly presents the question on which we granted certiorari, as well as the intertwined question of whether the courts below properly analyzed Smith's scores when granting him Atkins relief. Contra, ante, at 287–289 (Sotomayor, J., concurring).

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