California’s landmark Racial Justice Act creates new pathways to challenge and evaluate racial bias.

The Racial Justice Act represents California’s direct response to the U.S. Supreme Court’s 1987 decision in McCleskey v. Kemp, which effectively closed the courthouse doors to statistical evidence of racial disparities in criminal proceedings. We analyze how courts interpret these provisions, develop frameworks for addressing methodological challenges, and provide guidance to practitioners navigating this innovative approach to confronting discrimination in the criminal justice system.