Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
    • First Ladies
    • Signers of the U.S. Constitution
    • Signers of the Declaration of Independence
    • Delegates of the U.S. Constitution
    • Misc – Great American Bios
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

August 21, 2025 | SCOTUS Allows Termination of Dept of Education Employees

Batson v. Kentucky: When Can Jurors Be Excluded?

The Supreme Court’s seminal decision in Batson v. Kentucky prohibits racial discrimination when selecting a jury. Over 25 years later, lower courts are currently considering whether the same Equal Rights protections should be extended to homosexual jurors purposely excluded through use of peremptory challenges, which do not require a reason or explanation.

The Facts of the Case

During the criminal trial of a black man in a Kentucky state court, the prosecutor used his peremptory challenges to strike all four black persons on the venire, and a jury composed only of white persons was selected. Defense counsel moved to discharge the jury on the ground that the prosecutor’s removal of the black jurors violated the defendant’s rights under the Sixth and Fourteenth Amendments to a jury drawn from a cross-section of the community, and under the Fourteenth Amendment to equal protection of the laws. The trial judge denied the motion, and the jury ultimately convicted the defendant.

The Court’s Decision

The Court concluded that a defendant’s right to equal protection is violated when members of his race have been purposefully excluded from a jury. Writing for the majority, Justice Lewis Powell explained that although a prosecutor ordinarily is entitled to exercise peremptory challenges for any reason, as long as that reason is related to his view concerning the outcome of the case to be tried, the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race or on the assumption that black jurors will be unable impartially to consider a case against a black defendant.

Powell also addressed the larger implications of such discrimination. “The harm from discriminatory jury selection extends beyond that inflicted on the defendant and the excluded juror to touch the entire community. Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice,” he wrote.

The current case, which is pending before the United States Court of Appeals for the Ninth Circuit, relies on similar reasoning. Supporters of extending Batson to include sexual orientation cite the constitutional guarantee of equal protection as well as perpetuation of discrimination against lesbians and gay men.

Previous Articles

Divided Court Allows President to Fire Agency Officials
by DONALD SCARINCI on August 21, 2025

In Trump v. Wilcox, 605 U.S. ____ (2025), the U.S. Supreme Court granted the Trump Administration...

Read More
SCOTUS Grants Death Row Inmate New Trial in Glossip v. Oklahoma
by DONALD SCARINCI on

In Glossip v. Oklahoma, 604 U.S. ____ (2025), the U.S. Supreme Court granted death row inmate Richa...

Read More
SCOTUS Allows Termination of Dept of Education Employees
by DONALD SCARINCI on

In McMahon v. New York, 606 U.S. ____ (2025), the U.S. Supreme Court agreed to stay a district cour...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • Supreme Court Pauses Order Reinstating CPSC Commissioners
  • Divided Court Allows President to Fire Agency Officials
  • SCOTUS Grants Death Row Inmate New Trial in Glossip v. Oklahoma
  • SCOTUS Clarifies Bruen in Upholding Federal Gun Law

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards


Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising