Argument #1
The Supreme Court should rule in favor of Kemp. McCleskey was convicted of murder and sentenced to death. The fact that he is black is irrelevant to his sentence since there was no racial discrimination during his trial.

Argument #2
The Court should rule for McCleskey. Studies have shown that it is more likely that a black person is much more likely to be sentenced to death than is a white person. Because of this inequality the State should not be allowed to deprive McCleskey of his most basic right, his life.