Antonin Scalia in Wikipedia.org political website

On Crime: Statistical racial sentencing disparities are inevitable

On appeal, McCleskey alleged that the state's capital sentencing process was racially discriminatory, in violation of the 14th Amendment. Statistical analysis in the "Baldus study" indicated individuals convicted of murdering whites were 4.3 times more likely to receive the death penalty than those with black victims.

The Supreme Court dismissed evidence of general disparities in sentencing, such as the Baldus study, as "an inevitable part of our criminal justice system." (Majority opinion by Powell; joined by Rehnquist, White, O'Connor, Scalia). The dissent found that even if capital punishment were constitutional, this could hardly be so where it was demonstrably biased against members of a particular race. (Dissent opinion by Brennan, joined by Marshall. Blackmun, Stevens)

On Education: Admissions preference is unconstitutional racial balancing

The Court's ruling held that public universities are now allowed to use race as a plus factor in determining whether a student should be admitted. Prior to this case, affirmative action had to correct the effects of historic discrimination. (Majority opinion written by O'Connor, joined by Stevens, Souter, Ginsburg, Breyer).

The dissent argued the Law School's "critical mass" admissions policy was an attempt to achieve an unconstitutional type of racial balancing. (Dissent by Rehnquist, joined by Scalia, Kennedy, and Thomas).