The Supreme Court has invalidated death penalty statutes in those states where it has been shown to disproportionately affect minorities.

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The Supreme Court has not invalidated death penalty statutes on the basis that they disproportionately affect minorities. While concerns about racial disparities have been raised in cases such as McCleskey v. Kemp (1987), the Court has not ruled that such disparities are sufficient to deem state death penalty statutes unconstitutional on those grounds.

The Supreme Court Has Invalidated Death Penalty Statutes in Those