Yesterday the Supreme Court reversed the Fifth Circuit and Texas courts and granted a Texas death row inmate’s plea to have a court consider evidence of racial bias in the striking of blacks from the jury that convicted him. Writing for an 8-1 majority, Justice Kennedy noted that
[i]n this case, the statistical evidence alone raises some debate as to whether the prosecution acted with a race-based reason when striking prospective jurors.
In the Los Angeles Times, David Savage wrote:
Civil rights lawyers said they were pleased that the conservative high court — which commonly upholds death penalties — put prosecutors and trial judges on notice that racial bias in jury selection will not be tolerated.
What a rare event: “Civil rights lawyers” actually agreeing with the Court when it bars actions of public officials based on “a race-based reason”! If they’re not careful they may find themselves opposing racial discrimination across the board.
