Hamm v. Smith · ¶28

The United States agrees that “the Eighth Amendment” does not “prescrib[e] a specific approach to analyzing multiple IQ tests.” Brief for United States as Amicus Curiae 19. It notes that it is “possible” to combine multiple scores into a composite score or into a “single range,” but contends only that “a court may take stock of the full range of . . . IQ scores,” not how a court must do so. Id., at 18–19. It also emphasizes that if a court considered multiple scores or a combination of those scores, such as a composite score, the inquiry would “[o]f course . . . fall to the factfnder to assess and weigh this sort of expert analysis.” Id., at 19.

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