In 1987’s McCleskey v. Kemp, the Supreme Court ruled 5–4 that evidence of race discrimination in capital sentencing does not violate the Constitution. McCleskey, a black man accused of killing a white cop, was electrocuted four years later.

A note about Brennan’s dissent... https://twitter.com/evidenceprof/status/1290263492612591616">https://twitter.com/evidencep...

Justice Brennan was so outraged by the decision in McCleskey that he felt he could not fully articulate its evils. A mere dissent could not capture the cruelty. So he wrote what I consider to be one of his greatest passages, which I’ll quote in full:

“McCleskey& #39;s evidence will not have obtained judicial acceptance, but that will not affect what is said on death row. However many criticisms of today& #39;s decision may be rendered, these painful conversations will serve as the most eloquent dissents of all.”

It is tragic but unsurprising that these “dissents” must continue today. https://www.nytimes.com/2020/08/03/us/racial-gap-death-penalty.html">https://www.nytimes.com/2020/08/0...