GEORGIA v. McCOLLUM ET AL.
No. 91-372
Supreme Court of the United States
Argued February 26, 1992—Decided June 18, 1992
505 U.S. 42
Harrison W. Kohler, Senior Assistant Attorney General of Georgia, argued the cause for petitioner. With him on the briefs were Michael J. Bowers, Attorney General, and Charles M. Richards, Senior Assistant Attorney General.
Michael R. Dreeben argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Deputy Solicitor General Bryson.
JUSTICE BLACKMUN delivered the opinion of the Court.
For more than a century, this Court consistently and repeatedly has reaffirmed that racial discrimination by the State in jury selection offends the Equal Protection Clause. See, e. g., Strauder v. West Virginia, 100 U. S. 303 (1880). Last Term this Court held that racial discrimination in a civil litigant‘s exercise of peremptory challenges also violates the Equal Protection Clause. See Edmonson v. Leesville Concrete Co., 500 U. S. 614 (1991). Today, we are asked to decide whether the Constitution prohibits a criminal defendant from engaging in purposeful racial discrimination in the exercise of peremptory challenges.
I
On August 10, 1990, a grand jury sitting in Dougherty County, Ga., returned a six-count indictment charging respondents with aggravated assault and simple battery. See App. 2. The indictment alleged that respondents beat and assaulted Jerry and Myra Collins. Respondents are white; the alleged victims are African-Americans. Shortly after the events, a leaflet was widely distributed in the local African-American community reporting the assault and urging community residents not to patronize respondents’ business.
Before jury selection began, the prosecution moved to prohibit respondents from exercising peremptory challenges in
The trial judge denied the State‘s motion, holding that “[n]either Georgia nor federal law prohibits criminal defendants from exercising peremptory strikes in a racially discriminatory manner.” App. 14. The issue was certified for immediate appeal. Id., at 15 and 18.
The Supreme Court of Georgia, by a 4-to-3 vote, affirmed the trial court‘s ruling. 261 Ga. 473, 405 S. E. 2d 688 (1991). The court acknowledged that in Edmonson v. Leesville Concrete Co., 500 U. S. 614 (1991), this Court had found that the exercise of a peremptory challenge in a racially discriminatory manner “would constitute an impermissible injury” to the excluded juror. 261 Ga., at 473, 405 S. E. 2d, at 689.
We granted certiorari to resolve a question left open by our prior cases—whether the Constitution prohibits a criminal defendant from engaging in purposeful racial discrimination in the exercise of peremptory challenges.3 502 U. S. 937 (1991).
II
Over the last century, in an almost unbroken chain of decisions, this Court gradually has abolished race as a consideration for jury service. In Strauder v. West Virginia, 100 U. S. 303 (1880), the Court invalidated a state statute providing that only white men could serve as jurors. While stating that a defendant has no right to a “petit jury composed in whole or in part of persons of his own race,” id., at 305, the Court held that a defendant does have the right to be tried by a jury whose members are selected by nondiscriminatory criteria. See also Neal v. Delaware, 103 U. S. 370,
In Swain v. Alabama, 380 U. S. 202 (1965), the Court was confronted with the question whether an African-American defendant was denied equal protection by the State‘s exercise of peremptory challenges to exclude members of his race from the petit jury. Id., at 209-210. Although the Court rejected the defendant‘s attempt to establish an equal protection claim premised solely on the pattern of jury strikes in his own case, it acknowledged that proof of systematic exclusion of African-Americans through the use of peremptories over a period of time might establish such a violation. Id., at 224-228.
In Batson v. Kentucky, 476 U. S. 79 (1986), the Court discarded Swain‘s evidentiary formulation. The Batson Court held that a defendant may establish a prima facie case of purposeful discrimination in selection of the petit jury based solely on the prosecutor‘s exercise of peremptory challenges at the defendant‘s trial. Id., at 87. “Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation for challenging black jurors.” Id., at 97.4
Last Term this Court applied the Batson framework in two other contexts. In Powers v. Ohio, 499 U. S. 400 (1991), it held that in the trial of a white criminal defendant, a prosecutor is prohibited from excluding African-American jurors
In deciding whether the Constitution prohibits criminal defendants from exercising racially discriminatory peremptory challenges, we must answer four questions. First, whether a criminal defendant‘s exercise of peremptory challenges in a racially discriminatory manner inflicts the harms addressed by Batson. Second, whether the exercise of peremptory challenges by a criminal defendant constitutes state action. Third, whether prosecutors have standing to raise this constitutional challenge. And fourth, whether the constitutional rights of a criminal defendant nonetheless preclude the extension of our precedents to this case.
III
A
The majority in Powers recognized that ”Batson ‘was designed “to serve multiple ends,“’ only one of which was to protect individual defendants from discrimination in the selection of jurors.” 499 U. S., at 406. As in Powers and Edmonson, the extension of Batson in this context is designed to remedy the harm done to the “dignity of persons” and to the “integrity of the courts.” Powers, 499 U. S., at 402.
As long ago as Strauder, this Court recognized that denying a person participation in jury service on account of his race unconstitutionally discriminates against the excluded juror. 100 U. S., at 308. See also Batson, 476 U. S., at 87. While “[a]n individual juror does not have a right to sit on any particular petit jury, ... he or she does possess the right not to be excluded from one on account of race.” Powers,
But “[t]he harm from discriminatory jury selection extends beyond that inflicted on the defendant and the excluded juror to touch the entire community.” Batson, 476 U. S., at 87. One of the goals of our jury system is “to impress upon the criminal defendant and the community as a whole that a verdict of conviction or acquittal is given in accordance with the law by persons who are fair.” Powers, 499 U. S., at 413. Selection procedures that purposefully exclude African-Americans from juries undermine that public confidence—as well they should. “The overt wrong, often apparent to the entire jury panel, casts doubt over the obligation of the parties, the jury, and indeed the court to adhere to the law throughout the trial of the cause.” Id., at 412. See generally Underwood, Ending Race Discrimination in Jury Selection: Whose Right Is It, Anyway?, 92 Colum. L. Rev. 725, 748-750 (1992).
The need for public confidence is especially high in cases involving race-related crimes. In such cases, emotions in the affected community will inevitably be heated and volatile. Public confidence in the integrity of the criminal justice system is essential for preserving community peace in trials involving race-related crimes. See Alschuler, The Supreme Court and the Jury: Voir Dire, Peremptory Challenges, and the Review of Jury Verdicts, 56 U. Chi. L. Rev. 153, 195-196 (1989) (describing two trials in Miami, Fla., in which all African-American jurors were peremptorily struck by white defendants accused of racial beating, and the public outrage and riots that followed the defendants’ acquittal).
“[B]e it at the hands of the State or the defense,” if a court allows jurors to be excluded because of group bias, “[it] is [a] willing participant in a scheme that could only undermine the very foundation of our system of justice—our citizens‘”
B
The fact that a defendant‘s use of discriminatory peremptory challenges harms the jurors and the community does not end our equal protection inquiry. Racial discrimination, although repugnant in all contexts, violates the Constitution only when it is attributable to state action. See Moose Lodge No. 107 v. Irvis, 407 U. S. 163, 172 (1972). Thus, the second question that must be answered is whether a criminal defendant‘s exercise of a peremptory challenge constitutes state action for purposes of the Equal Protection Clause.
Until Edmonson, the cases decided by this Court that presented the problem of racially discriminatory peremptory challenges involved assertions of discrimination by a prosecutor, a quintessential state actor. In Edmonson, by contrast, the contested peremptory challenges were exercised by a private defendant in a civil action. In order to determine whether state action was present in that setting, the
The first inquiry is “whether the claimed [constitutional] deprivation has resulted from the exercise of a right or privilege having its source in state authority.” Id., at 939. “There can be no question” that peremptory challenges satisfy this first requirement, as they “are permitted only when the government, by statute or decisional law, deems it appropriate to allow parties to exclude a given number of persons who otherwise would satisfy the requirements for service on the petit jury.” Edmonson, 500 U. S., at 620. As in Edmonson, a Georgia defendant‘s right to exercise peremptory challenges and the scope of that right are established by a provision of state law.
The second inquiry is whether the private party charged with the deprivation can be described as a state actor. See Lugar, 457 U. S., at 941-942. In resolving that issue, the Court in Edmonson found it useful to apply three principles: (1) “the extent to which the actor relies on governmental assistance and benefits“; (2) “whether the actor is performing a traditional governmental function“; and (3) “whether the injury caused is aggravated in a unique way by the incidents of governmental authority.” 500 U. S., at 621-622.
As to the first principle, the Edmonson Court found that the peremptory challenge system, as well as the jury system as a whole, “simply could not exist” without the “overt, significant participation of the government.” Id., at 622. Georgia provides for the compilation of jury lists by the board of jury commissioners in each county and establishes the general criteria for service and the sources for creating a pool of qualified jurors representing a fair cross section of the community.
In light of these procedures, the defendant in a Georgia criminal case relies on “governmental assistance and benefits” that are equivalent to those found in the civil context in Edmonson. “By enforcing a discriminatory peremptory challenge, the Court ‘has ... elected to place its power, property and prestige behind the [alleged] discrimination.‘” Edmonson, 500 U. S., at 624 (citation omitted).
In regard to the second principle, the Court in Edmonson found that peremptory challenges perform a traditional function of the government: “Their sole purpose is to permit litigants to assist the government in the selection of an impartial trier of fact.” Id., at 620. And, as the Edmonson Court recognized, the jury system in turn “performs the critical governmental functions of guarding the rights of litigants and ‘ensur[ing] continued acceptance of the laws by all of the people‘” Id., at 624 (citation omitted). These same conclusions apply with even greater force in the criminal context because the selection of a jury in a criminal case fulfills a unique and constitutionally compelled governmental function. Compare Duncan v. Louisiana, 391 U. S. 145 (1968) (making
Finally, the Edmonson Court indicated that the courtroom setting in which the peremptory challenge is exercised intensifies the harmful effects of the private litigant‘s discriminatory act and contributes to its characterization as state action. These concerns are equally present in the context of a criminal trial. Regardless of who precipitated the jurors’ removal, the perception and the reality in a criminal trial will be that the court has excused jurors based on race, an outcome that will be attributed to the State.8
Respondents nonetheless contend that the adversarial relationship between the defendant and the prosecution negates the governmental character of the peremptory challenge. Respondents rely on Polk County v. Dodson, 454 U. S. 312 (1981), in which a defendant sued, under
The exercise of a peremptory challenge differs significantly from other actions taken in support of a defendant‘s defense. In exercising a peremptory challenge, a criminal defendant is wielding the power to choose a quintessential governmental body—indeed, the institution of government on which our judicial system depends. Thus, as we held in Edmonson, when “a government confers on a private body the power to choose the government‘s employees or officials, the private body will be bound by the constitutional mandate of race neutrality.” 500 U. S., at 625.
Lastly, the fact that a defendant exercises a peremptory challenge to further his interest in acquittal does not conflict with a finding of state action. Whenever a private actor‘s conduct is deemed “fairly attributable” to the government, it is likely that private motives will have animated the actor‘s decision. Indeed, in Edmonson, the Court recognized that the private party‘s exercise of peremptory challenges consti-
C
Having held that a defendant‘s discriminatory exercise of a peremptory challenge is a violation of equal protection, we move to the question whether the State has standing to challenge a defendant‘s discriminatory use of peremptory challenges. In Powers, 499 U. S., at 416, this Court held that a white criminal defendant has standing to raise the equal protection rights of black jurors wrongfully excluded from jury service. While third-party standing is a limited exception, the Powers Court recognized that a litigant may raise a claim on behalf of a third party if the litigant can demonstrate that he has suffered a concrete injury, that he has a close relation to the third party, and that there exists some hindrance to the third party‘s ability to protect its own interests. Id., at 411. In Edmonson, the Court applied the same analysis in deciding that civil litigants had standing to raise the equal protection rights of jurors excluded on the basis of their race.
In applying the first prong of its standing analysis, the Powers Court found that a criminal defendant suffered cog-
In applying the second prong of its standing analysis, the Powers Court held that voir dire permits a defendant to “establish a relation, if not a bond of trust, with the jurors,” a relation that “continues throughout the entire trial.” 499 U. S., at 413. “Exclusion of a juror on the basis of race severs that relation in an invidious way.” Edmonson, 500 U. S., at 629.
The State‘s relation to potential jurors in this case is closer than the relationships approved in Powers and Edmonson. As the representative of all its citizens, the State is the logical and proper party to assert the invasion of the constitutional rights of the excluded jurors in a criminal trial. Indeed, the
In applying the final prong of its standing analysis, the Powers Court recognized that, although individuals excluded from jury service on the basis of race have a right to bring suit on their own behalf, the “barriers to a suit by an excluded juror are daunting.” 499 U. S., at 414. See also Edmonson, 500 U. S., at 629. The barriers are no less formidable in this context. See Note, Discrimination by the Defense: Peremptory Challenges after Batson v. Kentucky, 88 Colum. L. Rev. 355, 367 (1988); Underwood, 92 Colum. L. Rev., at 757 (summarizing barriers to suit by excluded juror). Accordingly, we hold that the State has standing to assert the excluded jurors’ rights.
The final question is whether the interests served by Batson must give way to the rights of a criminal defendant. As a preliminary matter, it is important to recall that peremptory challenges are not constitutionally protected fundamental rights; rather, they are but one state-created means to the constitutional end of an impartial jury and a fair trial. This Court repeatedly has stated that the right to a peremptory challenge may be withheld altogether without impairing the constitutional guarantee of an impartial jury and a fair trial. See Frazier v. United States, 335 U. S. 497, 505, n. 11 (1948); United States v. Wood, 299 U. S. 123, 145 (1936); Stilson v. United States, 250 U. S. 583, 586 (1919); see also Swain, 380 U. S., at 219.
Yet in Swain, the Court reviewed the “very old credentials,” id., at 212, of the peremptory challenge and noted the “long and widely held belief that the peremptory challenge is a necessary part of trial by jury,” id., at 219; see id., at 212-219. This Court likewise has recognized that “the role of litigants in determining the jury‘s composition provides one reason for wide acceptance of the jury system and of its verdicts.” Edmonson, 500 U. S., at 630.
We do not believe that this decision will undermine the contribution of the peremptory challenge to the administration of justice. Nonetheless, “if race stereotypes are the price for acceptance of a jury panel as fair,” we reaffirm today that such a “price is too high to meet the standard of the Constitution.” Id., at 630. Defense counsel is limited to “legitimate, lawful conduct.” Nix v. Whiteside, 475 U. S. 157, 166 (1986) (defense counsel does not render ineffective assistance when he informs his client that he would disclose the client‘s perjury to the court and move to withdraw from representation). It is an affront to justice to argue that a fair trial includes the right to discriminate against a group of citizens based upon their race.
Lastly, a prohibition of the discriminatory exercise of peremptory challenges does not violate a defendant‘s
We recognize, of course, that a defendant has the right to an impartial jury that can view him without racial animus, which so long has distorted our system of criminal justice. We have, accordingly, held that there should be a mechanism for removing those on the venire whom the defendant has specific reason to believe would be incapable of confronting and suppressing their racism. See Ham v. South Carolina, 409 U. S. 524, 526-527 (1973); Rosales-Lopez v. United States, 451 U. S. 182, 189-190 (1981) (plurality opinion of WHITE, J.). Cf. Morgan v. Illinois, 504 U. S. 719 (1992) (exclusion of juror in capital trial is permissible upon showing that juror is incapable of considering sentences other than death).
IV
We hold that the Constitution prohibits a criminal defendant from engaging in purposeful discrimination on the ground of race in the exercise of peremptory challenges. Accordingly, if the State demonstrates a prima facie case of racial discrimination by the defendants, the defendants must articulate a racially neutral explanation for peremptory challenges. The judgment of the Supreme Court of Georgia is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
CHIEF JUSTICE REHNQUIST, concurring.
I was in dissent in Edmonson v. Leesville Concrete Co., 500 U. S. 614 (1991), and continue to believe that case to have been wrongly decided. But so long as it remains the law, I believe that it controls the disposition of this case on the
JUSTICE THOMAS, concurring in the judgment.
As a matter of first impression, I think that I would have shared the view of the dissenting opinions: A criminal defendant‘s use of peremptory strikes cannot violate the
I write separately to express my general dissatisfaction with our continuing attempts to use the Constitution to regulate peremptory challenges. See, e. g., Batson v. Kentucky, 476 U. S. 79 (1986); Powers v. Ohio, 499 U. S. 400 (1991); Edmonson, supra. In my view, by restricting a criminal defendant‘s use of such challenges, this case takes us further from the reasoning and the result of Strauder v. West Virginia, 100 U. S. 303 (1880). I doubt that this departure will produce favorable consequences. On the contrary, I am certain that black criminal defendants will rue the day that this Court ventured down this road that inexorably will lead to the elimination of peremptory strikes.
In Strauder, as the Court notes, we invalidated a state law that prohibited blacks from serving on juries. In the course of the decision, we observed that the racial composition of a jury may affect the outcome of a criminal case. We explained: “It is well known that prejudices often exist against particular classes in the community, which sway the judgment of jurors, and which, therefore, operate in some cases to deny to persons of those classes the full enjoyment of that protection which others enjoy.” Id., at 309. We thus recog-
I do not think that this basic premise of Strauder has become obsolete. The public, in general, continues to believe that the makeup of juries can matter in certain instances. Consider, for example, how the press reports criminal trials. Major newspapers regularly note the number of whites and blacks that sit on juries in important cases.1 Their editors and readers apparently recognize that conscious and unconscious prejudice persists in our society and that it may influence some juries. Common experience and common sense confirm this understanding.
In Batson, however, this Court began to depart from Strauder by holding that, without some actual showing, suppositions about the possibility that jurors may harbor prejudice have no legitimacy. We said, in particular, that a prosecutor could not justify peremptory strikes “by stating merely that he challenged jurors of the defendant‘s race on the assumption—or his intuitive judgment—that they would be partial to the defendant because of their shared race.” 476 U. S., at 97. As noted, however, our decision in Strauder rested on precisely such an “assumption” or “intuition.” We reasonably surmised, without direct evidence in any particular case, that all-white juries might judge black defendants unfairly.
Our departure from Strauder has two negative consequences. First, it produces a serious misordering of our priorities. In Strauder, we put the rights of defendants foremost. Today‘s decision, while protecting jurors, leaves defendants with less means of protecting themselves. Un-
Second, our departure from Strauder has taken us down a slope of inquiry that had no clear stopping point. Today, we decide only that white defendants may not strike black veniremen on the basis of race. Eventually, we will have to decide whether black defendants may strike white veniremen.2 See, e. g., State v. Carr, 261 Ga. 845, 413 S. E. 2d 192 (1992). Next will come the question whether defendants may exercise peremptories on the basis of sex. See, e. g., United States v. De Gross, 960 F. 2d 1433 (CA9 1992). The consequences for defendants of our decision and of these future cases remain to be seen. But whatever the benefits were that this Court perceived in a criminal defendant‘s having members of his class on the jury, see Strauder, 100 U. S., at 309-310, they have evaporated.
JUSTICE O‘CONNOR, dissenting.
The Court reaches the remarkable conclusion that criminal defendants being prosecuted by the State act on behalf of their adversary when they exercise peremptory challenges during jury selection. The Court purports merely to follow
I
It is well and properly settled that the Constitution‘s equal protection guarantee forbids prosecutors to exercise peremptory challenges in a racially discriminatory fashion. See Batson v. Kentucky, 476 U. S. 79 (1986); Powers v. Ohio, 499 U. S. 400, 409 (1991). The Constitution, however, affords no similar protection against private action. “Embedded in our
In Lugar v. Edmondson Oil Co., 457 U. S. 922 (1982), the Court developed a two-step approach to identifying state action in cases such as this. First, the Court will ask “whether the claimed deprivation has resulted from the exercise of a right or privilege having its source in state authority.” Id., at 939. Next, it will decide whether, on the particular facts at issue, the parties who allegedly caused the deprivation of a federal right can “appropriately” and “in all fairness” be characterized as state actors. Ibid.; Edmonson v. Leesville Concrete Co., 500 U. S. 614, 620 (1991). The
We discussed that relationship in Polk County v. Dodson, 454 U. S. 312 (1981), which held that a public defender does not act “under color of state law” for purposes of
We went on to stress the inconsistency between our adversarial system of justice and theories that would make defense lawyers state actors. “In our system,” we said, “a defense lawyer characteristically opposes the designated representatives of the State.” Ibid. This adversarial posture rests on the assumption that a defense lawyer best serves the public “not by acting on behalf of the State or in concert with it, but rather by advancing ‘the undivided interests of his client.‘” Id., at 318-319 (quoting Ferri v. Ackerman, 444 U. S. 193, 204 (1979)). Moreover, we pointed out that the independence of defense attorneys from state control has a constitutional dimension. Gideon v. Wainwright,
Because this Court deems the “under color of state law” requirement that was not satisfied in Dodson identical to the
The Court also seeks to evade Dodson‘s logic by spinning out a theory that defendants and their lawyers transmogrify from government adversaries into state actors when they exercise a peremptory challenge, and then change back to perform other defense functions. See ante, at 54. Dodson, however, established that even though public defenders might act under color of state law when carrying out administrative or investigative functions outside a courtroom, they are not vested with state authority “when performing a lawyer‘s traditional functions as counsel to a defendant in a
Even aside from our prior rejection of it, the Court‘s functional theory fails. “[A] State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement ... that the choice must in law be deemed to be that of the State.” Blum v. Yaretsky, 457 U. S. 991, 1004 (1982). Thus, a private party‘s exercise of choice allowed by state law does not amount to state action for purposes of the
Certainly, Edmonson v. Leesville Concrete Co. did not render Dodson and its realistic approach to the state action inquiry dead letters. The Edmonson Court distinguished
From arrest, to trial, to possible sentencing and punishment, the antagonistic relationship between government and the accused is clear for all to see. Rather than squarely facing this fact, the Court, as in Edmonson, rests its finding of governmental action on the points that defendants exercise peremptory challenges in a courtroom and judges alter the composition of the jury in response to defendants’ choices. I found this approach wanting in the context of civil controversies between private litigants, for reasons that need not be repeated here. See id., at 632 (O‘CONNOR, J., dissenting). But even if I thought Edmonson was correctly decided, I could not accept today‘s simplistic extension of it. Dodson makes clear that the unique relationship between criminal defendants and the State precludes attributing defendants’ actions to the State, whatever is the case in civil trials. How could it be otherwise when the underlying question is
II
What really seems to bother the Court is the prospect that leaving criminal defendants and their attorneys free to make racially motivated peremptory challenges will undermine the ideal of nondiscriminatory jury selection we espoused in Batson, 476 U. S., at 85-88. The concept that the government alone must honor constitutional dictates, however, is a fundamental tenet of our legal order, not an obstacle to be circumvented. This is particularly so in the context of criminal trials, where we have held the prosecution to uniquely high standards of conduct. See Brady v. Maryland, 373 U. S. 83 (1963) (disclosure of evidence favorable to the accused); Berger v. United States, 295 U. S. 78, 88 (1935) (“The [prosecutor] is the representative not of an ordinary party to a controversy, but of a sovereignty ... whose interest ... in a criminal prosecution is not that it shall win a case, but that justice shall be done“).
Considered in purely pragmatic terms, moreover, the Court‘s holding may fail to advance nondiscriminatory criminal justice. It is by now clear that conscious and unconscious racism can affect the way white jurors perceive minority defendants and the facts presented at their trials, perhaps determining the verdict of guilt or innocence. See Developments in the Law—Race and the Criminal Process, 101 Harv. L. Rev. 1472, 1559-1560 (1988); Colbert, Challenging the Challenge: Thirteenth Amendment as a Prohibition against the Racial Use of Peremptory Challenges, 76 Cornell L. Rev. 1, 110-112 (1990). Using peremptory challenges to secure minority representation on the jury may help to overcome such racial bias, for there is substantial reason to believe that the distorting influence of race is minimized on a racially mixed jury. See id., at 112-115; Developments in
“The ability to use peremptory challenges to exclude majority race jurors may be crucial to empaneling a fair jury. In many cases an African American, or other minority defendant, may be faced with a jury array in which his racial group is underrepresented to some degree, but not sufficiently to permit challenge under the
Fourteenth Amendment . The only possible chance the defendant may have of having any minority jurors on the jury that actually tries him will be if he uses his peremptories to strike members of the majority race.” Brief for NAACP Legal Defense and Educational Fund, Inc., as Amicus Curiae 9-10 (footnote omitted).
See Brief for National Association of Criminal Defense Lawyers as Amicus Curiae 56-57; Edmonson, supra, at 644 (SCALIA, J., dissenting). In a world where the outcome of a minority defendant‘s trial may turn on the misconceptions or biases of white jurors, there is cause to question the implications of this Court‘s good intentions.
That the Constitution does not give federal judges the reach to wipe all marks of racism from every courtroom in the land is frustrating, to be sure. But such limitations are the necessary and intended consequence of the
JUSTICE SCALIA, dissenting.
I agree with the Court that its judgment follows logically from Edmonson v. Leesville Concrete Co., 500 U. S. 614 (1991). For the reasons given in the Edmonson dissents, however, I think that case was wrongly decided. Barely a year later, we witness its reduction to the terminally absurd:
Today‘s decision gives the lie once again to the belief that an activist, “evolutionary” constitutional jurisprudence always evolves in the direction of greater individual rights. In the interest of promoting the supposedly greater good of race relations in the society as a whole (make no mistake that that is what underlies all of this), we use the Constitution to destroy the ages-old right of criminal defendants to exercise peremptory challenges as they wish, to secure a jury that they consider fair. I dissent.