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scalia
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post
robert
lane
appointment
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petitioner
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dana
gregory
ayers
jill
stone
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amici
curiae
urging
reversal
filed
american
civil
liberties
union
et
al
barbara
underwood
steven
shapiro
julius
levonne
chambers
charles
stephen
ralston
criminal
justice
legal
foundation
kent
scheidegger
harry
reinhart
kathleen
aynes
filed
brief
ohio
association
criminal
defense
lawyers
amicus
curiae
justice
kennedy
delivered
opinion
jury
service
exercise
responsible
citizenship
members
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life
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recognized
century
ago
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rights
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virginia
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parte
virginia
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powers
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man
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ohio
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term
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jury
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certiorari
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illinois
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amendment
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kennedy
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blackmun
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holland
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kentucky
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trial
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held
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protection
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long
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balzac
porto
rico
chief
justice
taft
wrote
jury
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swain
carter
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thiel
southern
pacific
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service
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right
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extend
citizens
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grounds
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invidiously
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elective
franchise
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supra
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ago
recognized
fact
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plessy
ferguson
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place
modern
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protection
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axiomatic
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legitimate
assumption
persons
suffer
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degree
loving
virginia
iii
must
consider
whether
criminal
defendant
standing
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protection
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juror
excluded
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violation
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course
litigant
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assert
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rights
interests
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claim
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rights
interests
third
parties
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triplett
singleton
wulff
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parties
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eisenstadt
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griswold
connecticut
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bolton
discriminatory
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mitchell
places
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supra
intrusion
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ham
south
carolina
dennis
predisposition
defendant
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dowd
gomez
active
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process
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violations
constitution
within
institution
entrusted
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cynicism
respecting
jury
neutrality
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may
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way
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motivation
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victim
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manner
casting
doubt
upon
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witness
even
upon
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regard
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defendant
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evidence
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payner
petitioner
alleges
primary
constitutional
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prosecutor
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voir
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first
introduction
substantive
factual
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gomez
supra
influence
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supra
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batson
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hillery
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mitchell
supra
cassell
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comes
difficult
accept
proposition
even
though
introduction
fruits
third
party
illegally
obtained
confession
unquestionably
produces
defendant
conviction
ground
reversal
racial
discrimination
prospective
juror
speculatively
produces
conviction
short
sound
basis
abandoning
normal
requirements
applicable
standing
supplanting
interest
challenging
practice
standard
simply
violation
issue
anything
consideration
lead
conclusion
standing
iv
last
term
holland
noted
tradition
peremptory
challenges
prosecution
accused
already
venerable
time
blackstone
reflected
federal
statute
enacted
congress
proposed
bill
rights
recognized
opinion
justice
story
part
common
law
endured
two
centuries
concluded
ny
theory
sixth
amendment
leading
result
side
may
use
peremptory
challenges
eliminate
prospective
jurors
belonging
groups
believes
unduly
favor
side
implausible
ibid
true
respect
sixth
amendment
true
respect
equal
protection
clause
well
batson
noted
earlier
clear
departure
jurisprudence
precise
scope
exception
created
remains
determined
unclear
example
whether
applies
government
peremptories
civil
cases
whether
applies
peremptories
parties
government
whether
applies
peremptories
based
defendant
sex
religion
age
economic
status
personal
characteristic
unrelated
capacity
responsible
jury
service
extensions
arguably
within
logic
decision
case
however
involves
clarification
batson
creation
additional
departure
established
law
petitioner
seeks
elaboration
right
racial
identity
disregarded
selection
jury
rather
announcement
new
right
jury
immune
exclusion
people
race
announcement
new
power
assert
new
right
jurors
never
excluded
jury
basis
race
exceed
rationale
batson
exceeds
batson
emotional
symbolic
justification
well
notwithstanding
history
precedent
significant
benefits
peremptory
challenge
system
intolerably
offensive
state
imprison
person
basis
conviction
rendered
jury
members
person
minority
race
carefully
excluded
unmoved
however
think
americans
white
defendant
complaint
sought
tried
jury
permitted
press
black
jurors
unlodged
complaint
allowed
sit
judgment
decision
today
unprecedented
law
approach
reprise
speak
miranda
arizona
uses
key
door
free
arguably
innocent
threaten
release
upon
society
unquestionably
guilty
unless
law
enforcement
officers
take
certain
steps
newly
announces
required
law
goes
beyond
miranda
however
least
mandated
steps
related
defendant
rights
guilt
relate
neither
sum
substance
lengthy
analysis
since
denial
equal
protection
people
occurred
defendant
trial
though
affect
fairness
trial
defendant
must
go
free
even
agreed
exercise
peremptory
strikes
constitutes
unlawful
discrimination
understand
release
convicted
murderer
harmed
strikes
appropriate
remedy
judging
opinion
expect
use
jailhouse
key
combat
discrimination
convictions
overturned
apparently
whenever
race
implicated
trial
casting
doubt
upon
credibility
dignity
witness
upon
standing
due
regard
attorney
appears
cause
even
suggesting
alleged
racial
motivation
defendant
victim
ante
makes
sense
lofty
aims
justify
every
step
intended
achieve
today
supposed
blow
racism
enormously
unmeasured
misdirected
reason
state
unable
reconvict
powers
double
murder
issue
later
victims
may
pay
price
extravagance
even
tragedy
case
never
occurs
prosecutorial
efforts
devoted
retrials
necessarily
withheld
endeavors
prosecutorial
efforts
devoted
meeting
innumerable
powers
claims
defendants
races
relied
upon
present
result
crime
goes
unpunished
criminals
go
free
respectfully
dissent