Kavanaugh and Roberts Find Bias in Jury Selection, Narrow Batson Violations
TL;DR
In Pitchford v. Cain, the Supreme Court, in a 5–4 decision joined by Chief Justice Roberts and the court’s liberals, held that Mississippi trial courts violated Batson by allowing Black jurors to be struck and denying the defense a chance to rebut the reasons, a procedural error that could lead to a new trial. The opinion highlights Kavanaugh’s historically clear-eyed stance on jury racism, while also noting Roberts’ selective approach to racism in other contexts and suggesting that the court’s colorblind framework can, in limited cases, promote equality.
Topics:nationnews-and-politics#batson#brett-kavanaugh#john-roberts#jurisprudence#news-and-politics#racism
- Brett Kavanaugh and John Roberts Remain Strangely Clear-Eyed About One Kind of Racism Slate Magazine
- Opinion | With Pitchford v. Cain, The Supreme Court Protected Jury Rights. Now It Must Go Further. The New York Times
- Supreme Court sides with death row inmate in challenge to racial discrimination in jury selection SCOTUSblog
- Brett Kavanaugh just won a surprising victory for racial justice vox.com
- Supreme Court sides with Mississippi man on death row in racial bias case The Washington Post
Want the full story? Read the original reporting
Read on Slate Magazine