When it's argued in the fall, the case could be the first in which the Supreme Court cuts back on its 23-year-old landmark ruling that barred the death penalty for people who are intellectually disabled.
At issue is what happens in borderline cases, when scores on IQ tests are slightly above 70, which is widely accepted as a marker of intellectual disability.
In 2014 and 2017, the court somewhat eased the burden of showing intellectual disability in those cases.
It's the second time in about a year that an online error resulted in an early release from the high court. An opinion in an abortion case was accidently posted on its website a day early in June 2024. The court's landmark opinion overturning abortion as a constitutional right also went out early, though those circumstances were different because the case was leaked.
This time, the court released a set of orders set for Monday after an “apparent software malfunction” sent out early notifications.