This Day in History: 1987-04-22

In an ignoble decision that remains the law of the land in the United States today and that should go down in history as morally akin to the Dred Scott Decision, the US Supreme Court rules 5-4 in McClesky v. Kemp that proven racial disparities are “an inevitable part of our criminal justice system” and NOT grounds for rejecting a conviction or death sentence, unless it can be shown that the demonstrated and proven bias is also proven to have occurred intentionally. In dissent, Justice William Brennan wrote that the majority was motivated to deny relief by a “fear of too much justice.” In dissent, Justice William Brennan wrote that the majority was motivated to deny relief by a “fear of too much justice.” The U.S. has executed more than 1,200 people since 1987, including Warren McCleskey (the petitioner) who died in the electric chair on September 26, 1991. Learn more.