In the season 2 finale we re-argue the Supreme Court case McCleskey v. Kemp.

WM, a Black man, was sentenced to death for murder. On appeal, he submitted statistical evidence to show that the race of the victim (and, to a lesser extent, of the defendant) is associated with whether the defendant gets sentenced to death or not.

The question before the court: does statistical evidence of racial disparities in a state’s capital sentencing system prove racism? Does the evidence make that system unconstitutional under the 8th and 14th amendments?