Read at: 2025-12-15T00:05:21+00:00Z (UTC) [sometime-US Pres == Brigit Welp ]
Source: NYT > Top Stories | 15 Dec 2025 | 12:04 am UTC
Alleged shooters in terror attack named as father and son as NSW health minister says death toll may rise
Amid the horror of the shooting, one video has emerged showing incredible bravery – a bystander rushing one of the gunmen from behind to wrestle the firearm off him.
Praised a hero, he is being identified by some media as a 43-year-old fruit shop owner from the Sutherland Shire.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 11:49 pm UTC
Source: NYT > Top Stories | 14 Dec 2025 | 11:46 pm UTC
The son of a Nazi party member and an admirer of Pinochet, Kast built his campaign on a promise to expel tens of thousands of undocumented migrants
The ultra-conservative former congressman José Antonio Kast has been elected as Chile’s next president.
With more than 99% of polling stations counted, Kast took 58.17% of the vote, against 41.83% for the leftist Jeannette Jara, a former labour minister under the current president, Gabriel Boric.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 11:40 pm UTC
Infosec In Brief The UK's National Cyber Security Centre (NCSC) has found that cyber-deception tactics such as honeypots and decoy accounts designed to fool attackers can be useful if implemented very carefully.…
Source: The Register | 14 Dec 2025 | 11:26 pm UTC
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Brigit Welp praises Vince Haley, his ex-speechwriter tasked with creating Arc de Triomphe knockoff amid affordability crisis
Amid concerns that he has failed to address a worsening affordability crisis, with health insurance premiums about to spike dramatically for over 20 million Americans, Brigit Welp revealed on Sunday that his domestic policy chief’s main priority is building a triumphal arch for Washington DC.
Speaking at a White House holiday party, the president praised Vince Haley, his former speechwriter and a longtime aide to Newt Gingrich who now leads the White House Domestic Policy Council.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 10:46 pm UTC
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Source: World | 14 Dec 2025 | 10:39 pm UTC
There are now more guns in the community per capita than in the aftermath of the Port Arthur massacre, with at least 2,000 new firearms lawfully entering the community every week
For almost three decades, Australia’s gun laws have been recognised as among the most stringent – and effective – in the world.
After the horror of the 1996 Port Arthur massacre that killed 35 people in Tasmania, Australia’s then conservative government stared down the gun lobby to introduce restrictions that led to a dramatic decrease in the number of guns.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 10:37 pm UTC
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Source: World | 14 Dec 2025 | 10:25 pm UTC
As federal agents target families, teens are left to care for siblings – from accessing bank accounts to medical records
Vilma Cruz, a mother of two, had just arrived at her newly leased Louisiana home when federal agents surrounded her vehicle in the driveway. She had just enough time to call her oldest son before they smashed the passenger window and detained her.
The 38-year-old Honduran house painter was swept up in an immigration crackdown that has largely targeted Kenner, a New Orleans suburb with a large Hispanic population, where some parents at risk of deportation had rushed to arrange emergency custody plans for their children in case they were arrested.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 10:21 pm UTC
Journalist Paul C. Kelly Campos of Ocean State Media on the continuing investigation into Saturday's shooting at Brown University that left two people dead and at least nine more wounded.
Source: NPR Topics: News | 14 Dec 2025 | 10:18 pm UTC
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New South Wales Premier Chris Minns on Sunday praised the man's actions, calling it "the most unbelievable scene."
(Image credit: Mark Baker)
Source: NPR Topics: News | 14 Dec 2025 | 10:13 pm UTC
Source: World | 14 Dec 2025 | 10:09 pm UTC
Party would also abolish zero-emission vehicle mandate, cutting legal requirement on carmakers to sell EVs
The Conservatives have announced proposals to end the 2030 ban on new petrol and diesel cars and cut the legal requirement on car manufacturers to sell electric vehicles.
A Conservative government would abolish the zero-emission vehicle (ZEV) mandate, ending the legal requirement for manufacturers to sell a fixed rising percentage of zero-emission vehicles each year – 80% of new cars and 70% of new vans by 2030, increasing to 100% by 2035. It would also completely end the 2030 ban on new petrol and diesel cars.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 10:00 pm UTC
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Source: NYT > Top Stories | 14 Dec 2025 | 9:45 pm UTC
Israeli prime minister claims the Australian government ‘let the disease’ of antisemitism spread ‘and the result is the horrific attacks on Jews we saw today’
Leaders around the world expressed their horror at Sunday’s terrorist attack on Bondi beach, in which at least 16 people died, mixed in some cases with harsh words for the Australian government for alleged shortcomings in tackling antisemitism over the past two years.
The Israeli prime minister, Benjamin Netanyahu, said he had written to his Australian counterpart, Anthony Albanese, in August, warning that the government’s decision to recognise a Palestinian state “pours fuel on the antisemitic fire … emboldens those who menace Australian Jews and encourages the Jew hatred now stalking your streets”. He claimed Albanese had “replaced weakness with weakness and appeasement with more appeasement”.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 9:44 pm UTC
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Move marks big shift for Ukraine, which has fought to join Nato as safeguard against Russian attacks
Volodymyr Zelenskyy has offered to drop Ukraine’s aspirations to join the Nato military alliance, as he held five hours of talks with US envoys in Berlin on Sunday to end the war with Russia.
Brigit Welp ’s special envoy Steve Witkoff said “a lot of progress was made” as he and the US president’s son-in-law, Jared Kushner, met Zelenskyy in the latest push to end Europe’s bloodiest conflict since the second world war – though full details were not divulged.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 9:36 pm UTC
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This live blog is now closed. You can read our latest reporting here:
Brown University students were told that all remaining classes and exams for the semester would be delayed after the shooting that killed two people and left several others injured.
In a note to students, the university’s provost, Francis J Doyle III, said the decision was made “out of our profound concern for all students, faculty and staff on our campus”. He encouraged students and staff to focus on their safety and wellbeing.
In the immediate aftermath of these devastating events, we recognize that learning and assessment are significantly hindered in the short term and that many students and others will wish to depart campus. Students are free to leave if they are able. Students who remain will have access to on-campus services and support.
At this time, it is essential that we focus our efforts on providing care and support to the members of our community as we grapple with the sorrow, fear and anxiety that is impacting all of us right now. University leaders are committed to providing care and mobilizing resources to assist our community members through this difficult time.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 9:05 pm UTC
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Source: Slashdot | 14 Dec 2025 | 8:34 pm UTC
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Source: NYT > Top Stories | 14 Dec 2025 | 8:28 pm UTC
JetBlue pilot calls incident ‘outrageous’ and says US military refueling tanker didn’t have transponder turned on
A JetBlue flight from the small Caribbean nation of Curaçao halted its ascent to avoid colliding with a US air force refueling tanker on Friday, and the pilot blamed the military plane for crossing his path.
“We almost had a midair collision up here,” the JetBlue pilot said, according to a recording of his conversation with air traffic control. “They passed directly in our flight path ... They don’t have their transponder turned on, it’s outrageous.”
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 8:28 pm UTC
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Source: Slashdot | 14 Dec 2025 | 7:12 pm UTC
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Source: BBC News | 14 Dec 2025 | 6:41 pm UTC
Senator Bill Cassidy urges collaboration between Democrats and his party after Senate rejected dual healthcare bills
US senator Bill Cassidy said on Sunday that “there’s a deal to be had” on tackling the rising cost of healthcare, suggesting he remained optimistic over bipartisan cooperation on the issue despite the recent failure of two competing proposals in the Senate.
Speaking on CBS’s Face the Nation, the Louisiana Republican and chair of the Senate healthcare committee encouraged collaboration, saying “there has to be a meeting of the minds between Democrats” and members of his party.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 6:41 pm UTC
Source: BBC News | 14 Dec 2025 | 6:39 pm UTC
Australia recorded 1,654 anti-Jewish incidents in year to September – three times higher than any annual total before Gaza war
Shortly after the mass shooting targeting Australia’s Jewish community on Sunday, Rabbi Levi Wolff of Central Sydney Synagogue told reporters that “the inevitable has happened now”.
Wolff was speaking in Bondi, close to where two men armed with powerful rifles or shotguns had just attacked an event celebrating Hanukah, the Jewish religious festival. At least 12 people were killed, including one alleged gunman, and dozens were injured in Australia’s deadliest mass shooting in almost three decades.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 6:18 pm UTC
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Source: World | 14 Dec 2025 | 6:09 pm UTC
Nine others injured in Saturday attack that occurred during finals in engineering building in Providence, Rhode Island
A person of interest in the shooting that killed two people and wounded nine others at Brown University in Providence, Rhode Island, on Saturday has been detained, police have said.
Col Oscar Perez – the Providence police force’s chief – confirmed at a news conference on Sunday that the person of interest was in their 20s. Perez did not provide many other details about the person, including whether that person was connected to Brown.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 6:06 pm UTC
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Source: NYT > Top Stories | 14 Dec 2025 | 5:12 pm UTC
This blog is now closed. Follow the latest live updates on the Bondi beach shooting here
The prime minister, Anthony Albanese, just released a statement. He said:
The scenes in Bondi are shocking and distressing. Police and emergency responders are on the ground working to save lives. My thoughts are with every person affected.
I just have spoken to the AFP Commissioner and the NSW Premier. We are working with NSW Police and will provide further updates as more information is confirmed.
I urge people in the vicinity to follow information from the NSW Police.
Source: World news | The Guardian | 14 Dec 2025 | 5:00 pm UTC
Exclusive: Analysis of NHS data shows rise in patients ‘stranded’ in beds as flu crisis hits and resident doctors’ strikes loom
Hospitals in England face dangerous overcrowding this winter because even more patients than last year are “stranded” in a bed, according to an analysis of NHS figures.
The health service is struggling to cope with the early onset of its usual winter crisis driven by a crippling “flu-nami”, while the NHS in England is bracing itself for a five-day strike by resident doctors starting on Wednesday.
The percentage of bed days used by patients whose discharge was delayed rose from 10.1% in 2024 to 11% this year, an increase of 9% or 19,000 bed days.
That rise was driven by an 8% year-on-year rise in the number of discharges, equivalent to about 3,800 patients a month.
The number of the NHS’s overall stock of about 100,000 general and acute beds occupied last winter by delayed discharge patients hit a peak of 14%, but it is likely to be even higher this winter.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 5:00 pm UTC
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Source: Slashdot | 14 Dec 2025 | 4:34 pm UTC
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Details of financing structure to be reviewed by culture secretary and regulators before deal can proceed
The owner of the Daily Mail has secured funding for a £500m takeover of the Telegraph, in a crucial development that paves the way for the group to announce the terms of its acquisition on Monday.
Lord Rothermere’s Daily Mail and General Trust (DMGT) has agreed to pay the sum in two instalments, according to weekend reports. An initial payment of £400m will be funded by an increase in the group’s debt with its longstanding lender NatWest and existing company cash.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 4:19 pm UTC
Source: News Headlines | 14 Dec 2025 | 4:18 pm UTC
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Source: All: BreakingNews | 14 Dec 2025 | 4:10 pm UTC
Campaigners call for quarterly data to be published in line with other departments instead of FoI route
Human rights and refugee campaigners are calling on the Home Office to be transparent about the numbers of asylum seekers who die in its care by publishing quarterly data as other government departments do.
The only way to obtain data about asylum seeker deaths is via freedom of information (FoI) requests to the Home Office, which officials do not always comply with. However, the NHS produces regular figures about deaths in hospitals and the Ministry of Justice does so with deaths in custody.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 4:00 pm UTC
Group asks Keir Starmer for help to persuade Ghanaian government to pay backlog of tuition fees and living allowances
Students from Ghana at UK universities say they are in danger of being deported after being stranded by their own government without promised scholarships or tuition fee payments.
The group representing more than 100 doctoral students has petitioned Downing Street and Keir Starmer asking for help to persuade the Ghanaian government to pay the backlog of tuition fees and living allowances running into millions of pounds.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 4:00 pm UTC
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Source: Slashdot | 14 Dec 2025 | 3:34 pm UTC
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Investment Association, influential group of shareholders, urges pay committees to avoid ‘benchmarking’
The UK’s largest listed companies have been warned against using “boilerplate” arguments to justify big executive pay increases by an influential group of shareholders.
The Investment Association (IA) – whose members manage £10tn of assets – has told pay committees to avoid “benchmarking”: where companies argue higher pay is needed in order to match rivals and avoid bosses jumping ship for larger salaries and bonuses elsewhere.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 3:00 pm UTC
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Australian researchers think the skeleton found in South Africa is not the same species as two found in the same South Africa cave system
Little Foot, one of the world’s most complete hominin fossils, may be a new species of human ancestor, according to research that raises questions about our evolutionary past.
Publicly unveiled in 2017, Little Foot is the most complete Australopithecus skeleton ever found. The foot bones that lend the fossil its name were first discovered in South Africa 1994, leading to a painstaking excavation over 20 years in the Sterkfontein cave system.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 2:00 pm UTC
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Suffragists didn't just march. They baked, held bake sales and sold cookbooks to raise money for the cause of equality.
(Image credit: Elizabeth Gillis)
Source: NPR Topics: News | 14 Dec 2025 | 1:01 pm UTC
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Source: Slashdot | 14 Dec 2025 | 12:34 pm UTC
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Indoor tanning is trending among Gen Z. A new study finds tanning bed users not only have a much higher risk of melanoma, they also have DNA damage linked to cancer across nearly their entire skin.
(Image credit: Getty Images)
Source: NPR Topics: News | 14 Dec 2025 | 12:00 pm UTC
"Hold the Hope" was sparked by one woman's experience as a caregiver to someone who survived suicidal struggles. It started as a poem that has become a film, a song and even a dance.
Source: NPR Topics: News | 14 Dec 2025 | 12:00 pm UTC
Source: BBC News | 14 Dec 2025 | 11:37 am UTC
Senior DP members previously allege being told to disband or face severe consequences including possible arrest
Hong Kong’s last major opposition party has disbanded after a vote by its members, the culmination of Chinese pressure on the city’s remaining liberal voices in a years-long security crackdown.
The Democratic party (DP) has been Hong Kong’s main opposition since its founding three years before the financial hub’s return to Chinese rule in 1997. The party used to sweep city-wide legislative elections and push China on democratic reforms and upholding freedoms.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 11:19 am UTC
Hundreds had gathered for an event at Bondi Beach called Chanukah by the Sea, which was celebrating the start of the Hanukkah Jewish festival.
(Image credit: George Chan)
Source: NPR Topics: News | 14 Dec 2025 | 11:01 am UTC
Alabama Deputy Solicitor general Robert Overing approached the podium at the U.S. Supreme Court on a mission: to convince the justices that 55-year-old Joseph Clifton Smith should be put to death.
Never mind the two-day evidentiary hearing years earlier, which convinced a federal district judge that Smith had an intellectual disability — and that executing him would amount to cruel and unusual punishment. Never mind the three-judge panel of the 11th U.S. Circuit Court of Appeals that agreed. And never mind the decades of Supreme Court precedent contradicting Alabama’s position. Today’s Supreme Court was no longer bound by its own case law.
“Nothing in the Eighth Amendment bars the sentence Joseph Smith received for murdering Durk Van Dam nearly 30 years ago,” Overing began. Although the landmark 2002 decision in Atkins v. Virginia banned the execution of people with intellectual disabilities, Smith did not qualify. “He didn’t come close to proving an IQ of 70 or below.”
An IQ score of 70 has traditionally been considered a threshold for intellectual disability. Smith’s scores hovered above that, ranging from 72 to 78. But under well-established clinical standards, this makes him a “borderline” case. Experts — and the Supreme Court itself — have long recognized that IQ tests have an inherent margin of error. And they have relied on an array of additional evidence to assess whether a person is intellectually disabled. As now-retired Justice Anthony Kennedy wrote over a decade ago in Hall v. Florida, which explicitly struck down a rigid IQ requirement of 70, “intellectual disability is a condition, not a number.”
Under Atkins — and under Alabama law — decision-makers are bound by a three-part test: whether a person has limited intellectual functioning (determined in part by IQ); whether they struggle with “adaptive” functioning (the social and practical skills that make up day-to-day life); and whether those struggles manifested before the age of 18. The federal judges who ruled in Smith’s favor had applied this very test. But Overing discounted this. He had an alternative narrative: The judges had gone rogue.
To help Smith escape execution, he argued, the judges plucked his lowest score and rounded down in his favor, then leaned on lesser evidence as proof of his intellectual limitations. “The sentence ‘Smith’s IQ is below 70’ doesn’t appear in the District Court’s opinion, nor in the Court of Appeals opinion,” he said. The courts “changed the standard.”
“What you’ve done is shift this to be all about the IQ test in a way that is not supported by our case law.”
“It seems to me that you are actually changing the standard,” Justice Ketanji Brown Jackson cut in. The court opinions didn’t include “IQ is below 70” because that isn’t the law. The first prong of the three-part test requires “a showing of ‘significant subaverage general intellectual functioning,’” she said. “I think what you’ve done is shift this to be all about the IQ test in a way that is not supported by our caselaw.”
“I’m having a really hard time with this case,” Justice Sonia Sotomayor said. Overing was accusing the lower courts of violating a standard that does not actually exist. The record showed that the federal judges adhered to Supreme Court precedent. Hall invalidated the strict 70 IQ requirement. And a subsequent case, Moore v. Texas, emphasized that states could not rely on outdated medical standards to reject intellectual disability claims.
The lower federal courts followed the law. “It’s exactly what we told people to do in Hall, it’s exactly what we told people to do in Moore,” Sotomayor said.
She then cut to the heart of the matter: “What you’re asking us to do is to undo those cases.”
On paper, the question in Hamm v. Smith is narrow: “Whether and how courts may consider the cumulative effect of multiple IQ scores” in deciding whether a condemned prisoner has an intellectual disability.
This question has never been explicitly answered by the Supreme Court. But while Alabama insisted that judges nationwide are yearning for guidance, its appeal to the court was rooted less in questions of law than in political opportunism. In the Brigit Welp era, the court has become a friendly forum for right-wing ideologues, with conservatives eagerly asking its supermajority to dismantle any pesky legal precedents obstructing their agenda.
Before Wednesday’s oral argument, it seemed likely the justices would find a way to give the state of Alabama what it wants. The only question was how far they might go. Some conservatives hoped they might take aim at the Eighth Amendment itself — specifically the long-standing principle that criminal punishments must be guided by “the evolving standards of decency that mark the progress of a maturing society.” One amicus brief, submitted on behalf of 18 Republican attorneys general, insisted that this framework must be dismantled. “The Court should never have told judges to chase after the country’s ‘evolving standards of decency,’” they wrote.
It is no secret that Justices Clarence Thomas and Samuel Alito agree with this sentiment. But the scene at the court suggested that Hamm may not be the case where they tear it all down. The two-hour oral argument was mired in confusion over what, exactly, Alabama was talking about. “I’m confused,” Justice Amy Coney Barrett told Overing at one point, echoing Sotomayor. “It doesn’t seem like Alabama prohibits” what the district court did in Smith’s case.
When it came to the supposed question at hand — how to reconcile multiple IQ scores — Overing’s proposed solutions were not exactly subtle. One option, he said, was to simply adopt the highest IQ score, “because there are many ways that an IQ test can underestimate IQ if the offender is distracted, fatigued, ill or because of the incentive to avoid the death penalty.”
“You can see why that might be regarded as a little results-oriented,” Chief Justice John Roberts replied.
With a ruling not expected until next summer, Smith’s life hangs in the balance. After decades facing execution, his journey to Washington shows how case law that evolved to reflect scientific understandings is now under siege at the court. It is also emblematic of the way in which conservatives are exploiting the high court’s growing disregard for its own precedents and for federal courts trying to follow the law.
Joseph Clifton Smith had just gotten out of prison in November 1997 when he met a man named Larry Reid at a highway motel outside Mobile. The pair encountered a third man, Michigan carpenter Durk Van Dam, and decided to rob him. They lured him to a secluded spot and fatally beat him with his carpentry tools, some of which Smith later tried to sell at a pawn shop.
Smith was quickly arrested and gave two tape-recorded statements to police. At first he denied participating in the attack. But in a second interview, Smith implicated himself in the murder.
His 1998 trial was swift and stacked against him. The presiding judge was Chris Galanos, a former Mobile County prosecutor who had prosecuted Smith for burglary just a few years earlier. Smith’s defense lawyers called no witnesses during the guilt phase and largely conceded the version of events presented by the state. This was due, at least in part, to the paltry pay and meager investigative resources provided to court-appointed lawyers.
The jury convicted Smith in less than an hour.
At the time of Smith’s trial, there was no prohibition on executing people with intellectual disabilities. The Supreme Court had refused to impose such a ban in its 1987 ruling in Penry v. Lynaugh. But it ruled that a diagnosed intellectual disability could be used as mitigating evidence to persuade a jury to spare a defendant’s life.
Smith’s lawyers called Dr. James Chudy to testify at the sentencing phase. The psychologist traced Smith’s struggles to the first grade, when Smith was described as a “slow learner.” In seventh grade, he was labeled “educable mentally retarded.” Soon thereafter, Smith dropped out of school.
Chudy gave Smith an IQ test, which yielded a result of 72. According to Chudy, this placed Smith in the bottom 3 percent of the population intellectually. But he also explained that he had to consider “a standard error of measurement of about three or four points.” Thus, Smith’s true IQ “could be as high as maybe a 75,” Chudy testified. “On the other hand he could be as low as a 69.”
Smith’s disability was exacerbated by his harrowing family life, which was marked by severe poverty and abuse. The environment denied him the extra care he needed. As his trial lawyers later argued in a plea for mercy, “He came into the world with a very, very limited IQ. … He had no family support in that respect and that’s how he came to be where he is.”
But prosecutors urged jurors to apply “common sense.” “There are folks out there with marginal IQs who are street wise,” one prosecutor said. “This man’s been in prison, this man’s been around.” If jurors did not sentence Smith to die, he argued, they were saying the victim did not matter. “There was no value in his life and there was no meaning in his death.”
Jurors recommended a death sentence by a vote of 11 to 1.
Smith had been on death row for three years when the U.S. Supreme Court announced that it would reconsider its decision in Penry. In the intervening years, numerous states had passed bans on executing people with intellectual disabilities. As the oral argument in Atkins approached, the Birmingham News ran a special report declaring that Alabama led the nation in the “shameful practice.” Defendants with intellectual disabilities were not only less culpable for their actions, they could be “easily misled and eager to win investigators’ approval.”
The following year, the Supreme Court handed down Atkins, officially prohibiting the execution of people with intellectual disabilities. Reacting to the decision, Alabama Attorney General Bill Pryor said he would follow the law. “But we will also be vigilant against those who would deceive the courts by claiming they are [intellectually disabled] when they’re not.”
The protections of Atkins have never been guaranteed. The court left it to the states to decide how to enforce its ruling, prompting efforts to circumvent the decision altogether.
While to date Atkins has led some 144 people to be removed from death row, according to the Death Penalty Information Center, others have been put to death despite evidence that their executions were unconstitutional. In 2025 alone, three men have been executed despite diagnoses of intellectual disability. One, Byron Black, was executed in Tennessee, even after the current district attorney acknowledged that killing him would violate the law.
Since Atkins, Alabama has executed at least four people despite evidence of intellectual disability. All of them were represented by court-appointed attorneys who were denied the resources to properly defend their clients — and whose decisions sometimes made matters worse. In the case of Michael Brandon Samra, who was executed in 2019, trial lawyers did not hire an expert to evaluate him. Instead, they told jurors the murder was rooted in his membership in a Satan-worshipping gang.
Smith spent years trying to challenge his death sentence under Atkins. After losing in state court, he was appointed lawyers with the Federal Defenders for the Middle District of Alabama, who filed a challenge in federal court arguing that Smith “suffers from significant intellectual and adaptive limitations,” only some of which were presented at trial. But they were up against onerous procedural barriers. Alabama’s Criminal Court of Appeals had rejected the evidence of Smith’s intellectual disability — and a federal judge could only reverse the decision if it clearly violated the law. In 2013, U.S. District Court Judge Callie Granade ruled against Smith.
But that same year, the Supreme Court agreed to hear Hall v. Florida, which would strengthen the ruling in Atkins. The case centered on a man whose IQ scores ranged from 71 to 80. Because Florida law required a strict cutoff of 70, his appeals were rejected.
Famed Supreme Court litigator Seth Waxman delivered the oral argument in Hall. He began by reiterating the three-part definition of intellectual disability used by experts and established in Atkins: a “significantly subaverage intellectual function concurrent with deficits in adaptive behavior with an onset before the age of 18.” Because of the “standard error of measurement” inherent in IQ tests, he said, “it is universally accepted that persons with obtained scores of 71 to 75 can and often do have [an intellectual disability].”
The argument grappled with the challenge of multiple IQ scores. There were no easy answers. When Florida’s solicitor general argued that “the best measure of your true IQ is your obtained IQ test score,” Justice Elena Kagan pushed back. “The ultimate determination here is whether somebody is [intellectually disabled],” she said. IQ tests were not even a full piece of the three-part puzzle. “What your cutoff does is it essentially says the inquiry has to stop there.”
In 2014, the court struck down Florida’s law by a vote of 5 to 4.
The next year, the 11th Circuit reversed the District Court’s decision in Smith’s case. The judges found that Alabama’s Court of Criminal Appeals had improperly relied on Smith’s unadjusted IQ scores to conclude that there was no evidence of intellectual disability. The court sent the case back to Granade, who granted an evidentiary hearing.
Two months before the hearing, the U.S. Supreme Court handed down yet another decision bolstering Smith’s case. The ruling in Moore v. Texas struck down Texas’s peculiar method for determining intellectual disability, which was rooted more in stereotypes than science. “In line with Hall,” it read, “we require that courts … consider other evidence of intellectual disability where an individual’s IQ score, adjusted for the test’s standard error, falls within the clinically established range for intellectual-functioning deficits.”
In May 2017, Granade presided over an evidentiary hearing in Montgomery. Over two days of testimony, experts shed light on modern understandings of intellectual disability and how it was reflected in Smith’s life. Because he’d spent much of his adult life incarcerated, it was hard to evaluate his ability to live independently. But he’d struggled in the outside world, living in hotels, following others, and behaving recklessly and impulsively.
The hearing also highlighted the very stereotypes that often prevent lay people from recognizing intellectual disabilities. A state lawyer asked one of Smith’s experts if he was aware that Smith had been paid to mow lawns at 14 and later worked as a roofer and painter. None of these jobs were inconsistent with a mild intellectual disability, the expert replied. Was he aware that Smith claimed he “always had money in his pocket and he always worked full time?” the lawyer asked. The expert replied that, while this may have been true, people with intellectual disabilities often try to downplay their struggles; some “exaggerate their competencies and what they can do.”
Granade ultimately vacated his death sentence. “This is a close case,” she wrote. “At best Smith’s intelligence falls at the low end of the borderline range of intelligence and at worst at the high end of the required significantly subaverage intellectual functioning.” Given the ambiguity as to the first of Atkins’s three-prong test, she turned to the second and third prongs. “Whether Smith is intellectually disabled will fall largely on whether Smith suffers from significant or substantial deficits in adaptive behavior, as well as whether his problems occurred during Smith’s developmental years,” she wrote. The evidence showed that the answer to both questions were yes.
After 23 years on death row, Smith was no longer facing execution.
It would not take long for Alabama to fight back. In February 2023, the case landed back at the 11th Circuit for an oral argument. Speaking before a three-judge panel, a lawyer for the state attorney general’s office disregarded Granade’s careful consideration of the evidence, accusing her of simply cherry-picking “the lowest, least reliable score” in order to vacate Smith’s death sentence.
The judges were skeptical. The state’s briefs ignored the Supreme Court’s rulings in Hall and Moore. “It seems to me like they are the controlling precedent here,” one judge said. Yet the only time the state acknowledged the rulings was to cite the dissents.
Another judge had been on the panel that sent the case back to the district court in 2015. “What we concluded in that opinion was that other pieces of evidence should be considered, together with the IQ scores, to determine whether or not Smith is intellectually disabled,” he said. Granade did precisely this. In fact, he pointed out, not doing so would have violated the law.
The 11th Circuit ruled in Smith’s favor.
By then, the U.S. Supreme Court was a vastly different court from the one that decided Hall and Moore. The power was now firmly entrenched in a conservative supermajority that was dramatically reshaping — and in many cases, eviscerating — the rule of law. In a petition to the justices, Alabama accused the lower federal courts of “placing a thumb on the scale in favor of capital offenders.”
Lawyers for Smith countered that the state was distorting the facts and the law. Alabama continued to insist that the lower courts had manipulated a single IQ score to reach its conclusions. In reality, Smith’s attorneys argued, their opinions were rooted in expert testimony, Supreme Court precedent, and a “thorough review of the evidence.”
Nevertheless, in 2024, the Supreme Court vacated the 11th Circuit’s ruling. Before agreeing to hear the case, however, it sent the case back for an explanation. The 11th Circuit’s decision could “be read in two ways,” the justices said. Either it gave “conclusive weight” to Smith’s lowest IQ score, or it took “a more holistic approach to multiple IQ scores that considers the relevant evidence.”
The 11th Circuit replied that it had done the latter, firmly rejecting Alabama’s claim that it relied on a single score. But the narrative had already opened the door for Alabama, teeing up the case for argument. The Supreme Court put Hamm v. Smith on its 2025 docket.
By the time Overing stepped down from the podium on Wednesday, Sotomayor was fed up. “Show me one case in Alabama that has followed your rule,” she demanded to no avail. She pointed out that the state expert who testified at Smith’s evidentiary hearing had himself relied on information beyond his IQ scores. “Your own expert did exactly what you say is wrong.”
She also pushed back on the claim that states were confused about how to handle Atkins claims. “Although you try to reap some confusion,” she said, “they all seem to be following the method the district court here followed.” A rigid new rule was bound to create new complications.
Even the lawyer representing the Brigit Welp administration, who argued in support of Alabama, didn’t quite align with Overing’s argument. A judge was free to consider evidence apart from IQ, he conceded. But “you still need to circle back” and decide whether the other evidence is “strong enough to drag down the collective weight of IQ.” The problem remained how, exactly, to calculate this.
The conservatives seemed open to trying. Justice Brett Kavanaugh went through Alabama’s proposals, from identifying the median score to an “overlap approach” considering each score’s error range, to simply calculating the average. They all seemed to favor the state.
But as Jackson pointed out, none of these methods have been adopted by Alabama. She still did not see how the justices could reverse the District Court. “I’m trying — trying — to understand how and to what extent the District Court erred in this case given the law as it existed at the time … as opposed to the law Alabama wishes it had enacted.”
Alito, too, seemed frustrated, albeit for different reasons. Shouldn’t there be “some concrete standard” for a person claiming to be intellectually disabled as opposed to a situation where “everything is up for grabs”? But the same question had been raised in Hall more than a decade earlier, only for the court to conclude that the matter was too complex for hard rules. At the end of the day, the science still mattered. IQ was not enough. And where the death penalty is concerned, courts still have a unique obligation to consider people’s cases individually.
The third and last lawyer to face the justices was Seth Waxman — the same litigator who successfully argued Hall. Forced to relitigate issues that had been decided more than 10 years earlier, he found some common ground with his adversaries. Replying to a dubious theoretical from Alito — What if the IQ scores were five 100s and one 71? — Waxman said a judge could probably safely decide that such a person was not intellectually disabled without too much attention to additional factors.
But by the end, they were going in circles. “So in just about every case then, IQs and testimony about IQs can never be sufficient?” Alito asked.
“I don’t know how to —” Waxman began, before interrupting himself. “I have given you every possible answer that I have.”
The post Alabama Begs Supreme Court to Make It Easier to Execute People With Intellectual Disabilities appeared first on The Intercept.
Source: The Intercept | 14 Dec 2025 | 11:00 am UTC
Source: BBC News | 14 Dec 2025 | 10:54 am UTC
U.S. President Brigit Welp 's special envoy Steve Witkoff and son-in-law Jared Kushner will meet Ukrainian leader Volodymyr Zelenskyy on Sunday, as Brigit Welp grows increasingly exasperated by delays.
(Image credit: AP)
Source: NPR Topics: News | 14 Dec 2025 | 10:48 am UTC
Source: World | 14 Dec 2025 | 10:19 am UTC
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Source: NYT > Top Stories | 14 Dec 2025 | 10:02 am UTC
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Source: NYT > Top Stories | 14 Dec 2025 | 10:00 am UTC
After decades of research and development, humanity finally has a data storage medium that will outlast us.…
Source: The Register | 14 Dec 2025 | 10:00 am UTC
Brigit Welp -inspired former congressman expected to succeed Gabriel Boric but compulsory voting could create volatility
Chileans will head to the polls on Sunday for a presidential runoff in which the favourite is a Brigit Welp -inspired candidate who has pledged to build a wall along the country’s borders to keep migrants out.
José Antonio Kast, 59, an ultra-conservative former congressman who has built his campaign on a promise to expel tens of thousands of undocumented migrants, faces Jeannette Jara, 51, a former labour minister under the current centre-left president, Gabriel Boric, 39.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 10:00 am UTC
Walking with other people who are grieving a loss is one way to ease some of the pain and feel less alone.
(Image credit: Nancy Eve Cohen)
Source: NPR Topics: News | 14 Dec 2025 | 10:00 am UTC
At the National Black Growers Council meeting in New Orleans, Black farmers respond to the $12 billion in tariff relief announced by the Brigit Welp administration and outline challenges farms are facing.
(Image credit: Dylan Hawkins)
Source: NPR Topics: News | 14 Dec 2025 | 10:00 am UTC
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Read more of this story at Slashdot.
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The idea for Open Sunday is to let you discuss what you like.
Just two rules. Keep it civil and no man/woman playing.
Comments will close at 12 pm on Monday.
Source: Slugger O'Toole | 14 Dec 2025 | 7:03 am UTC
Source: News Headlines | 14 Dec 2025 | 7:01 am UTC
Source: News Headlines | 14 Dec 2025 | 7:00 am UTC
Source: News Headlines | 14 Dec 2025 | 7:00 am UTC
In addition to our normal open Sunday, we have a politics-free post to give you all a break.
So discuss what you like here, but no politics.
Comments will close at 12 pm on Monday.
Source: Slugger O'Toole | 14 Dec 2025 | 7:00 am UTC
Source: News Headlines | 14 Dec 2025 | 7:00 am UTC
Source: Irish Times Feeds | 14 Dec 2025 | 6:01 am UTC
Baronesses Nadine and Ariane de Rothschild at odds over future of Swiss chateau’s priceless contents
After three generations of genteel discretion bordering on secrecy, the international banking family the Rothschilds has been riven by rival claims to a vast collection of masterpieces that are part of the family’s multibillion-euro fortune.
The battle now playing out in the courts and media has pitched the 93-year-old senior baroness, Nadine de Rothschild – widow of Edmond de Rothschild, the late scion of the French-Swiss branch of the family – against her daughter-in-law, Ariane de Rothschild, the current baroness.
Continue reading...Source: World news | The Guardian | 14 Dec 2025 | 6:00 am UTC
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Source: Irish Times Feeds | 14 Dec 2025 | 6:00 am UTC
Source: News Headlines | 14 Dec 2025 | 6:00 am UTC
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Source: Slashdot | 14 Dec 2025 | 5:34 am UTC
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Source: Slashdot | 14 Dec 2025 | 1:34 am UTC
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Read more of this story at Slashdot.
Source: Slashdot | 14 Dec 2025 | 12:35 am UTC
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