The Supreme Court never has the last word, the people do. Jurisdictions can prioritize equality more than the justices. Disagreement is vital for self-government.
The 1987 McCleskey v. Kemp case highlighted racial disparities in the death penalty. Justices ruled against McCleskey, protecting the justice system from structural inequality lawsuits, causing concern for racial justice advocates.
Justice Powell urged avoiding statistics that may challenge the justice system. Justice Brennan criticized colleagues for fearing too much justice. Disagreement arose on the extent of justice in rulings.
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