for a Black man named Warren McCleskey unless a “racially discriminatory purpose” could be demonstrated. If the Court had chosen to rule in McCleskey’s favor, it would have opened the future to antiracist cases and to renovations of the criminal justice system, which was rotting in racism. But instead the justices disconnected racial disparities from racism, deemed racial disparities a normal part of the criminal justice system, and blamed these disparities on Black criminals, yet again producing racist ideas to defend racist policies. McCleskey v. Kemp turned out to be—as New York University
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