Kavanaugh and Roberts Find Bias in Jury Selection, Narrow Batson Violations
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.
