Hamm v. Smith · ¶65

Ultimately, as this Court has recognized, “[i]ntellectual disability is a condition, not a number” and the “ `the diagnosis of [intellectual disability] is intended to refect a clinical judgment rather than an actuarial determination.' ” Hall, 572 U. S., at 723 (second alteration in original). In close cases such as this one, the inquiry may well involve a substantial amount of evidence, but that inquiry is nevertheless critical to avoid the “unacceptable risk that persons with intellectual disability will be executed” contrary to the Eighth Amendment. Id., at 704.

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