The precedent in McCleskey still stands, but the Supreme Court has since decided other cases that relate to the racial composition of juries, and federal and state legislatures have begun to take up the mantle of protecting against racial discrimination in capital cases.

Question

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The precedent set in McCleskey v. Kemp (1987), which made it extremely difficult to challenge racial discrimination in capital cases based on statistical evidence, still stands. However, the Supreme Court has indeed addressed issues related to racial composition of juries in subsequent cases, and both federal and state legislatures have taken steps to address racial discrimination in the justice system, including in capital cases, through legislative reforms.

The Precedent in McCleskey Still Stands, but the Supreme Court