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

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's evidence will not have obtained judicial acceptance, but that will not affect what is said on death row. However many criticisms of today'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