The Supreme Court Has a New Code of EthicsA Fear of Too Much Justice
<p>April 22, 2022 marks the 35th anniversary of one of the Supreme Court’s most egregious missed opportunities. In a 5–4 decision, the <a href="https://tile.loc.gov/storage-services/service/ll/usrep/usrep481/usrep481279/usrep481279.pdf" rel="noopener ugc nofollow" target="_blank">Court rejected</a> arguments that Georgia was applying the death penalty in a racially discriminatory manner in violation of the Eighth and Fourteenth Amendments. The ruling not only led to the execution of the defendant, Warren McCleskey, but essentially shut the door to all future claims based on a pattern of racial bias in sentencing.</p>
<p>McCleskey had challenged his death sentence by presenting a comprehensive study of 2,500 murder cases in Georgia over a six-year period. Those cases resulted in 128 death sentences. The study sought the reasons why those relatively few cases were chosen out of the huge number that were eligible for the death penalty. The results of that careful research revealed that, when it comes to death sentencing, black lives matter much less than white lives.</p>
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