J.E.B. v. Alabama ex rel T.B. (1993)
- Docket
- 92-1239
- Decided
- 1993-01-01
Summary
Question: Was the use of peremptory challenges to exclude jurors solely because of their gender a violation of the equal protection clause of the Fourteenth Amendment? Conclusion: Yes. The Constitution's guarantee of equal protection bars the exclusion of potential jurors on the basis of their sex, just as it bars exclusion on the basis of race. "[G]ender-based classifications," wrote Justice Harry Blackmun for the majority, "require 'an exceedingly persuasive justification' in order to survive constitutional scrutiny." As a consequence, "[P]arties still may remove jurors whom they feel might be less acceptable than others on the panel; gender simply may not serve as a proxy for bias."