Supreme Court weighs role of IQ scores in debate over execution of disabled people
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(WASHINGTON) — More than 20 years ago, the Supreme Court outlawed the execution of intellectually disabled people convicted of capital crimes as “cruel and unusual” punishment forbidden by the Eighth Amendment.
In a major case from Alabama before the Supreme Court on Wednesday, the justices are asked to clarify who qualifies as “intellectually disabled” and what role intelligence quotient — also known as IQ — test scores play in making the determination.
Joseph Clifton Smith, an Alabama man who brought the case, confessed to a 1997 murder during a robbery, but challenged his death sentence on grounds he has had “substantially subaverage intellectual functioning” since a young age.
Smith has taken five separate IQ tests over nearly 40 years, scoring 75 in 1979, 74 in 1982, 72 in 1998, 78 in 2014 and 74 in 2017.
People below 70 are generally considered to have an intellectual disability, but major American medical groups urge a holistic assessment that also looks at social and practical skills.
The groups note that standardized test scores alone should not be conclusive. Smith’s score of 72, for example, could be 69 when factoring the 3-point margin of error.
“Intellectual disability diagnoses based solely on IQ test scores are faulty and invalid,” attorneys for the American Psychological Association and American Psychiatric Association told the court in a legal brief. “But IQ test scores remain relevant; IQ tests are a scientifically valid means to ascertain estimates of an individual’s intellectual ability. The key is to understand both the value of IQ tests and their limits.”
Smith, who allegedly suffered physical and verbal abuse as a child, consistently functioned two grade-levels below his placement in school, according to court documents. Smith’s school classified him as “Educable Mentally Retarded” in 7th grade before he eventually dropped out.
Two lower federal courts ruled that a holistic analysis of Smith’s IQ scores and other evidence, including his behavioral history and school records, proved he is intellectually disabled and should spend life behind bars rather than face execution.
Alabama wants the justices to toss out that assessment.
“Joseph Smith is not intellectually disabled, and the Eighth Amendment does not override the death sentence he earned for murdering Durk Van Dam,” the state argued in its brief to the court. “Whether and how to weigh multiple IQ scores is left to state discretion.”
The state says intellectual disability can only be proven by an IQ score of 70 or less by a preponderance of the evidence.
The Supreme Court’s decision in the case will determine whether Smith lives or dies.
More broadly, the ruling could determine how many other borderline intellectually disabled people on death row could be able to convert their death sentences into life behind bars.
By one estimate, as many as 20% of the 2,100 people on death row in the U.S. may have some degree of intellectual disability, according to the Death Penalty Information Center.
A ruling in the case — Hamm v. Smith — is expected by the end of June 2026.
In a video from World Without Exploitation, Jeffrey Epstein survivors are seen holding photos of their younger selves, as some of them recite their ages when they met him. (World Without Exploitation)
(NEW YORK) — The anti-trafficking group World Without Exploitation released a video PSA featuring a group of Epstein survivors advocating for the release of all Epstein files.
In the video released Sunday, the women are seen holding photos of their younger selves, as some of them recite their ages when they first met sex offender Jeffrey Epstein. Some of the eleven women featured in the video cry or grow emotional as they speak.
“It’s time to bring the secrets out of the shadows. It’s time to shine a light into the darkness,” the women say.
The video concludes with on-screen text that reads, “Five administrations and we’re still in the dark.” Following the message is a plea to call Congress and demand the release of the Epstein files.
The House is set to vote this week on a bill to compel the release of the full Justice Department files related to Jeffrey Epstein. Over the weekend, President Donald Trump marked a sudden shift in his stance on the topic — calling for Republicans to vote in favor of the files’ release.
Trump had previously called the release of the emails a Democratic “hoax” and added “some stupid” and “foolish” Republicans had fallen for it.
None of the documents previously made public contain allegations of wrongdoing by Trump.
Groups of Epstein survivors have called on Congress to make the files public in the past.
In September, a group of Epstein survivors shared their stories on Capitol Hill and called on lawmakers to support the release of the files. One of the women, Anouska De Georgiou, said the survivors want their voices to be heard.
“The days of sweeping this under the rug are over. We the survivors say ‘no more,'” she said.
A group of Epstein survivors plan to be in D.C. for a press conference on Capitol Hill on Tuesday morning with Republican Rep. Thomas Massie, Democratic Rep. Ro Khanna and Republican Rep. Marjorie Taylor Greene, who sparred with Trump over the handling of the Epstein investigation.
US President Donald Trump, left, and Mehmet Oz, administrator of the Centers for Medicare & Medicaid Services, during an announcement in the South Court Auditorium of the Eisenhower Executive Office Building at the White House in Washington, DC, US, on Thursday, Feb. 5, 2026. Trump launched a new website to help Americans directly buy select medicines at a discount, . (Photographer: Aaron Schwartz/CNP/Bloomberg via Getty Images)
(WASHINGTON) — President Donald Trump on Thursday unveiled his TrumpRx website in an event at the White House, listing 40 drugs at lower cost than previous list prices to patients paying out of pocket and calling the launch part of the “most transformative health care initiatives.”
Trump made the announcement alongside Centers for Medicare and Medicaid Services Administrator Dr. Mehmet Oz and National Design Studio Director Joe Gebbia.
“Starting tonight, dozens of the most commonly used prescription drugs will be available at dramatic discounts for all consumers throughout a new website is called TrumpRx.gov,” Trump said at the White House event.
Some of the reduced cash prices were announced last year by the administration and some of the new prices had already gone into effect.
The president touted the use of his Most Favored Nation (MFN) policies — making sure the U.S. isn’t paying more than other countries — for making the lower prices possible.
“For years, politicians from both parties have promised to bring down prescription drug prices and make health care more affordable, but they all failed,” Trump said.
According to the TrumpRx website, these drugs can be obtained at participating pharmacies using coupon card codes displayed on the website or directly through manufacturers’ websites.
The website also notes that “TrumpRx discounted pricing is only available for cash-paying patients,” in a FAQ section. The discounts are not available for patients trying to pay through insurance and do not go toward insurance deductibles.
Only a few dozen drugs are offered on the website, though the website says that “many more drugs are coming soon,” in a FAQ section.
What some experts are saying
“It’s nice that they are aggregating coupons in one place,” Benjamin Jolley, PharmD, a senior fellow for health care at the American Economic Liberties Project told ABC News. “But it’s a convenience to check the website to see the coupons all in one place for the first time.
Dr. Christina Madison, the founder of The Public Health Pharmacist told ABC News: “There are a lot of patient assistance programs out there and this appears similar to programs like GoodRX but the difference here is that you would not have to go through the manufacturer’s website to get them.”
In a statement, Good RX tells ABC News they are a key integration partner for pharma companies that is offering discounted cash prices on TrumpRX, “The self-pay price is hosted on the GoodRx platform and GoodRx then integrates the price into TrumpRx.”
GoodRX-provided codes can currently be used at over 70,000 retail an home delivery pharmacies.
How much will consumers save?
Trump said the discount offers “tremendous” savings.
But experts say the overall savings are not clear and may only benefit a certain group of people.
“TrumpRx’s offerings are very limited, fewer than 50 drugs listed,” Rena Conti, an associate professor at the Boston University Questrom School of Business, told ABC News.
“This suggests it pays for consumers to check their insurance coverage and ask their regular doctor or pharmacist before they use this service,” Conti added.
The website boasted savings on GLP-1s, showing that the Wegovy pill’s lowest TrumpRx price was $149 a month, slashed from what the website says is an original price of $1,349. And while the full cash price of Ozempic and Wegovy (FDA approved for weight loss) did start at over $1,000 a month, those prices have been slowly going down in price. It was reduced voluntarily first to $499 in March 2025 and then to $199 in November after negotiations with the federal government.
Some drugs remain very expensive, including Xeljaz, which is marked at a starting price of $1,518, despite a 50% savings.
Fertility drugs
One of the big categories of drugs included in TrumpRx are fertility drugs.
According to the website, Gonal-F is available for an 83% discount, down from $966 to just $168 for the pen. Another IVF drug, Cetrotide, is offered at a 93% discount. And Ovidrel is offered for a 67% discount.
“One in three families is having trouble having a baby. We’re gonna have a lot of Trump babies with these costs, folks cannot afford these medications. It’s gonna change their lives,” Oz said during the White House event.
“The fertility drug discount is legitimately a big deal for people trying to get IVF,” Jolley said. “These medicines are quite expensive and this seems like a big discount. In general IVF is not covered by insurance and so people prior to this who needed certain drugs would be paying the full $1400 price.”
Jolley noted for example, that the price slash on certain fertility drugs could lower the cost of an IVF cycle by about 20% overall.
Trump first revealed his administration’s goal of launching the website back in September when he announced that Pfizer had agreed to lower its prices for prescription drugs offered through Medicaid. Pfizer so far is the largest participant in Trump RX with over 30 medications listed.
Trump last month released his “Great Healthcare Plan,” in which he called on Congress to codify the “most favored nation” initiative.
The plan also proposed sending money directly to Americans to buy health insurance and included calls to increase price transparency and hold insurance companies accountable — though it largely lacked specifics.
Polls show most Americans are concerned about health care costs.
A survey last month from KFF, a nonprofit health policy research organization, found two-thirds of U.S. adults worried about being able to afford health care for them and their family — outranking other expenses like gas and groceries. A majority of Americans, 56%, said they expect health care to become less affordable in the coming year.
The poll also found that two-thirds of Americans said Congress “did the wrong thing” by allowing enhanced Affordable Care Act tax credits to expire. Millions of Americans were expected to face increased premium costs as a result of the lapse.
ABC News’ Eric Strauss, Michelle Stoddart, Emily Chang and Isabella Murray contributed to this report.
U.S. Sen. Adam Schiff questions U.S. Attorney General Pam Bondi as she testifies before the Senate Judiciary Committee on October 7, 2025 in Washington, DC. (Win Mcnamee/Getty Images)
(WASHINGTON) — Sen. Adam Schiff of California and a group of fellow Democrats are launching a probe into Freedom 250, a new non-profit group closely aligned with President Donald Trump that is raising private funding for high-profile events surrounding America’s 250th birthday this summer.
Freedom 250 — a nonprofit subsidiary of the National Park Foundation, the congressionally chartered fundraising arm of the National Park Service — was announced by the White House X account in December 2025, as an alternative for the congressionally chartered “America250” commission that is planned to celebrate the nation’s birthday this year.
The New York Times is reporting on allegations that the Freedom250 group is exchanging access to Trump for donations, and concerns have been raised in Congress about the arrangement between the group’s donations and their political fundraising.
Schiff’s inquiry, first shared with ABC News, raises concerns about the large sums of private donations and alleged “pay-to-play” access implications involved in the Freedom 250 effort.
When asked to respond to Schiff’s inquiry, White House spokesperson Davis Ingle said, “President Trump is ensuring that America gets the spectacular birthday it deserves. The celebration of America’s 250th anniversary is going to display great patriotism in our Nation’s Capital and throughout the country.”
Democratic Sens. Chris Van Hollen, Cory Booker, Richard Blumenthal, Elizabeth Warren, Dick Durbin and Gary Peters joined Schiff in sending a letter on Wednesday to White House Chief of Staff Susie Wiles, demanding the White House produce a list of Freedom 250 donors and describing any benefits, access, recognition or other consideration donors have received or been promised related to their contributions.
The senators raised concern that the potential coordination between the Trump administration and Freedom 250 could violate federal bribery, conflict of interest and ethics statutes. Schiff’s inquiry is also asking for an explanation on the ethical guidance the group received from the Office of Government Ethics or White House ethics officials.
“It is imperative that Congress and the public understand how decisions are made, who exercises control, and what guardrails exist to prevent inappropriate donor influence. Absent clear rules, this structure risks blurring the line between legitimate civic fundraising and pay‑for‑play access tied to official government functions, an all too familiar feature of the current Administration,” the senators wrote.
Trump — who repeatedly promised on the campaign trail a grand celebration for America’s 250th birthday that would be comparable to past world’s fairs — announced Freedom250 in December as a public-private partnership to spearhead the festivities.
On Tuesday, congressional Democrats accused the Trump administration of trying to alter plans to celebrate the nation’s 250th birthday and using the National Park Foundation to solicit money from private donors.
Democratic Rep. Jared Huffman claimed “Trump and his Freedom 250 party planners are working to obscure reality with a fake narrative.”
“America250 could have been an honest celebration. Trump didn’t have control over the congressionally charted nonpartisan organization leading the celebration,” Huffman said, adding that Trump is working to “monetize it.”
During a hearing in the House Natural Resources Oversight and Investigations Subcommittee, Jeff Reinbold, the foundation’s president and CEO, promised anonymity to donors who requested it. Reinbold also said he would not provide Congress with any contracts signed by Freedom 250 donors.
Democratic Rep. Maxine Dexter claims Freedom 250 is using public money meant to go to America250, which was created in 2016. Dexter asserted that Freedom 250 is co-mingling fundraising for Trump with private donations for the nation’s birthday celebrations.
“This leaves us all guessing which one of Donald Trump’s billionaire buddies and which foreign interests are buying access,” Dexter said.
