Two Conservatives Justices Just Took a Surprising Step to Save a Death Row Inmate’s Life. Why?
The Supreme Court issued a surprising 5-4 decision in the case of Hamm v. Smith, sparing the life of death row inmate Joseph Smith. Justices Brett Kavanaugh and Amy Coney Barrett joined the liberal justices in dismissing the case, which had implications for the execution of intellectually disabled individuals. The decision reflects a significant conflict within the court regarding constitutional protections against cruel and unusual punishment.
- ▪The Supreme Court ruled 5-4 in Hamm v. Smith, sparing Joseph Smith from execution.
- ▪Justices Kavanaugh and Barrett sided with the liberal justices, surprising many observers.
- ▪The case centered on the definition of intellectual disability in relation to capital punishment.
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| Original publisher | Slate Magazine |
| Canonical URL | https://slate.com/news-and-politics/2026/05/supreme-court-kavanaugh-barrett-death-penalty.html?via=rss |
| Publication time | Sat, 23 May 2026 13:00:00 GMT |
| Retrieval time | 2026-05-23T13:02:26.673Z |
| Last seen | 2026-05-23T13:22:43.402Z |
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Jurisprudence Two Conservatives Justices Just Took a Surprising Step to Save a Death Row Inmate’s Life. Why? By Dahlia Lithwick and Mark Joseph Stern May 23, 20269:00 AM Chip Somodevilla/Getty Images Copy Link Share Share Comment Copy Link Share Share Comment Sign up for Executive Dysfunction, a newsletter that highlights one under-the-radar story each week about how Trump is changing the law—or how the law is pushing back. You’ll also receive updates on the latest from Slate’s Jurisprudence team. The Supreme Court handed down a perplexing 5–4 decision on Thursday in Hamm v. Smith, a dispute over capital punishment that was poised to be one of the most important cases of the term.
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