Whether the standard of proof ("virtually 100 percent") imposed by the Court of Appeals for statistical evidence of discrimination and arbitrariness conflicts with this Court's precedent?

2. Whether the standard of proof articulated in McCleskey v. Kemp is reduced where statistical evidence of discrimination is accompanied by other evidence of the sole decisionmaker's history of discrimination?

3. Whether the standard of proof employed in a habeas case after full discovery and evidentiary development applies to a discrete 42 U.S.C. § 1983 challenge at the Fed. R. Civ. P. 12(b)(6) stage, where all facts and inferences must favor the plaintiff?

Whether the standard of proof for statistical evidence of discrimination conflicts with Supreme Court precedent and whether such evidence can support a 42 U.S.C. § 1983 challenge at the motion to dismiss stage