Supreme Court to hear Alabama appeal in push to execute intellectually disabled man

[JT45242]

1. Those tests usually have standard error of about 3 points

There are two approaches...
1. The IEP approach...the score is a hard cut line. Kid with a 72 IQ is dumb, but not "dumb enough" to receive mandatory services. I saw a lot of students over the years in this boat.
Then you have to rely on teachers individually personalizing instruction and giving accomodations for the student.

If they take that approach and the test says 71 or 72 they will execute him.
I think this is wrong but if I were a betting man, this is the 6-3 decision.

2. The statistically defensible position for the highest stakes. If the bottom end of the error of measurement is in the clemency range, then the person cannot be executed.
Since you cannot undo an execution, the proper thing would be to err on the side of caution when the precision of the score is not sufficient to make a judgement.

Given that most of this court asked for a mathematical evaluation of gerrymandering and then rejected it because they were not statisticians, my belief is that the federalist society whack jobs,The sinister six, will gleefully send this person to the death chamber.

It will be a wrong decision, but that is what they will likely do.