Despite overwhelming evidence of systemic racial discrimination within the United States, it is almost impossible to prove its existence within the court. In the historic decision, McCleskey v. Kemp (1987) decision, the Supreme Court ruled that statistical evidence cannot be used to overturn a previous court decision; specifically, the court stated that statistical evidence proving the presence of racial discrimination is not sufficient to warrant re-evaluation under the Equal Protection Clause of the Fourteenth Amendment. [1] The Supreme Court cited the precedent set in Washington v. Davis (1976), which stated that the plaintiff must prove that the state intended to discriminate in order for the case to undergo review through the Equal Protection Clause. [2] Not only is this burden of proof difficult to achieve on its own, but the ruling in McClesky also makes it nearly impossible to meet by excluding statistical data as evidence of intent. Thus, the Supreme Court should reevaluate the standard set for proving discrimination in Washington, which would provide grounds to overturn McCleskeyunder the Equal Protection Clause. By accounting for the specific wording and historical context present in Washington, statistical evidence could qualify as sufficient evidence for discrimination—allowing for challenges regarding racial discrimination to be better accounted for in the courts.

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