May 21

Supreme Court Dismisses Hamm v. Smith, Sparing Death Row Inmate

The U.S. Supreme Court dismissed Hamm v. Smith (No. 24-872) as improvidently granted on May 21, 2026, leaving in place an Eleventh Circuit ruling that Alabama death row inmate Joseph Clifton Smith is intellectually disabled and cannot be executed under the Eighth Amendment bar established in Atkins v. Virginia (2002). The 5-4 vote saw Justices Kavanaugh and Barrett join the three Democratic appointees to dismiss the case without deciding the merits. Alabama had sought a clear rule for how courts must weigh multiple IQ test scores when all scores are nominally above its statutory 70-point cutoff; that legal question remains unresolved and open for a future case.

Trump Cancels AI Safety Review After Musk and Zuckerberg Lobbying

President Trump postponed signing an executive order that would have given federal agencies voluntary 90-day pre-release access to frontier AI models on May 21, 2026, hours before the scheduled White House signing ceremony. Elon Musk, Mark Zuckerberg, and former AI czar David Sacks all called Trump directly between Wednesday night and Thursday morning to oppose the order. The voluntary review contained no mandatory requirements, no fines, and no pass/fail gates, yet the three tech leaders argued it would function as a de facto licensing regime and slow America's AI lead over China.

Supreme Court Rules 8-1 Cruise Lines Liable for Cuban Confiscated Docks

The U.S. Supreme Court ruled 8-1 on May 21, 2026, that Carnival, Royal Caribbean, Norwegian, and MSC cruise lines face up to $440 million in combined damages for using Port of Havana docks from 2016 to 2019 — docks Cuba confiscated from Havana Docks Corporation in 1960 with 44 years still remaining on its concession. Justice Clarence Thomas wrote for eight justices that Title III of the 1996 Helms-Burton Act makes any commercial user of confiscated Cuban property liable to original claimants, even after their specific ownership interest has expired. The ruling vacated the Eleventh Circuit's reversal and remanded the case; Justice Elena Kagan dissented alone, arguing the majority allowed plaintiffs to recover for property that was no longer theirs.

SEC Rescinds 54-Year No-Deny Settlement Rule

On May 21, 2026, the SEC rescinded Rule 202.5(e), a 1972 policy requiring defendants settling enforcement actions to agree not to publicly deny the agency's allegations. SEC Chair Paul Atkins acted without public notice-and-comment, invoking the APA's procedural-rule exemption, and announced the Commission would not enforce existing no-deny provisions in past settlements. Investor advocates warned the change would confuse retail investors who rely on enforcement records to evaluate misconduct; libertarian group NCLA called it a First Amendment victory after an eight-year legal campaign.

EPA Rolls Back HFC Refrigerant Phaseout Deadlines Under AIM Act

On May 21, 2026, EPA Administrator Lee Zeldin announced a final rule extending supermarket HFC refrigerant compliance deadlines from 2027 to 2032 and raising allowable refrigerant potency limits nearly tenfold under the AIM Act. The Trump administration claimed the change would save consumers over $800 million in grocery costs; industry groups that had already retooled warned the reversal would raise refrigerant prices by increasing demand for refrigerants whose supply was shrinking. NRDC estimated each year of delay adds HFC emissions equivalent to one million additional cars on U.S. roads.

Trump DOJ Goes 0-8 as Maine and Wisconsin Courts Dismiss Voter Roll Suits

Federal judges in Maine and Wisconsin dismissed the Trump DOJ's voter roll lawsuits on May 21, 2026, bringing its record to 0-8 out of 31 suits filed. Chief Judge Lance Walker — a Trump appointee — called the Civil Rights Act claim "half-hearted" and said granting it would require "turn[ing] a blind eye to traditional practices of federalism." Judge James D. Peterson found Wisconsin's voter list is not a record states must preserve under that statute because states generate it themselves. Twelve states had already handed over voter files including Social Security numbers without a court order.

Senate Republicans Block $72B ICE Reconciliation Bill Over Anti-Weaponization Fund

Senate Majority Leader John Thune pulled a floor vote on a $72 billion budget reconciliation bill funding ICE and CBP through 2029 on May 21, 2026, after a Republican conference meeting with Acting AG Todd Blanche collapsed into open revolt. About 25 senators spoke against the $1.776 billion Anti-Weaponization Fund — drawn from the Treasury Judgment Fund to settle Trump's IRS lawsuit — with Senators Collins, Tillis, and Paul publicly threatening to vote no. Thune lacked 51 votes for reconciliation passage and adjourned the Senate for Memorial Day recess, missing Trump's June 1 deadline.

Polis signs SB 26-149, creating placement path for unrestorable defendants

On May 21, 2026, Jared Polis signed SB 26-149 after the Colorado House and Senate passed it unanimously, creating a new path for prosecutors to seek civil commitment or enhanced protective placement when a defendant is found incompetent to stand trial, unlikely to be restored, and accused of a violent or sexual felony (Colorado General Assembly bill page; Colorado Politics, May 22, 2026). The law orders courts to stay dismissal while the state finds placement, requires review hearings, and shifts defendants with intellectual or developmental disabilities or neurocognitive disorders into Health Care Policy and Financing custody instead of default release (Colorado General Assembly bill page; SB 26-149 fiscal note, Apr. 30, 2026). Polis and sponsors Judy Amabile, Cleave Simpson, Julie McCluskie, and Jarvis Caldwell pushed the bill after high-profile cases, including the dismissal of charges against Joel Lang, exposed a gap that left families demanding treatment, supervision, and bed capacity instead of automatic release (Colorado Politics, May 22, 2026; KKTV, May 22, 2026; Colorado Sun, Apr. 29, 2024).

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