From McClesky to Whitford: the Supreme Court’s Ambivalent Attitude Towards Social Science

McCleskey v. Kemp was decided on April 22, 1987, and yet the 30 years that have elapsed since Justice Powell circulated his majority opinion have done little to soften McCleskey’s sharp edges. The case concerned a challenge from a death-row inmate to the administration of capital punishment in Georgia, where he had been sentenced for the killing of a white police officer. McCleskey argued that his capital sentence was driven in large part by his race, in combination with the … Continue reading From McClesky to Whitford: the Supreme Court’s Ambivalent Attitude Towards Social Science