J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994), was a landmark decision of the Supreme Court of the United States holding that peremptory challenges based solely on a prospective juror's sex are unconstitutional.[1] J.E.B. extended the court's existing precedent in Batson v. Kentucky (1986), which found race-based peremptory challenges in criminal trials unconstitutional,[2] and Edmonson v. Leesville Concrete Company (1991), which extended that principle to civil trials.[3] As in Batson, the court found that sex-based challenges violate the Equal Protection Clause.
| J. E. B. v. Alabama ex rel. T. B. | |
|---|---|
 | |
| Argued November 2, 1993 Decided April 19, 1994 | |
| Full case name | J. E. B., Petitioner v. Alabama ex rel. T. B. |
| Citations | 511 U.S. 127 (more) 114 S.Ct. 1419; 128 L. Ed. 2d 89; 1994 U.S. LEXIS 3121; 62 USLW 4219; 64 Empl. Prac. Dec. (CCH) ¶ 42,967 |
| Case history | |
| Prior | Certiorari to the Alabama Court of Civil Appeals 606 So.2d 156 |
| Holding | |
| Intentional discrimination on the basis of gender by state actors in the use of peremptory strikes in jury selection violates the equal protection clause of the 14th Amendment. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Blackmun, joined by Stevens, O'Connor, Souter, Ginsburg |
| Concurrence | O'Connor |
| Concurrence | Kennedy |
| Dissent | Rehnquist |
| Dissent | Scalia, joined by Rehnquist, Thomas |
| Laws applied | |
| U.S. Const. amend. XIV | |
Background
editOn behalf of T.B., the mother of a minor child, the state sued J.E.B. for child support in Jackson County, Alabama. During jury selection, challenges intentionally targeted male potential jurors resulting in an all-female jury.
Decision
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The majority opinion was written by Justice Blackmun. Justice O'Connor wrote a concurring opinion, and Justice Kennedy separately concurred in the judgment. Chief Justice Rehnquist filed a separate dissenting opinion. Justice Scalia also filed a dissenting opinion, which was joined by Chief Justice Rehnquist and Justice Thomas.
See also
editReferences
editFurther reading
edit- Currie, C. M.; Pillick, A. M. (1996). "Sex Discrimination in the Selection and Participation of Female Jurors: A Post-J.E.B. Analysis". Judges' Journal. 35 (1): 2–6, 38–41. ISSN 0047-2972.
- Harden, L. L. M. (1995). "The End of the Peremptory Challenge? The Implications of J.E.B. v. Alabama ex rel T.B. for Jury Selection in Alabama". Alabama Law Review. 47: 243. ISSN 0002-4279.
- Wichterman, S. L. (1995). "JEB v. Alabama ex rel. TB: Gender-Based Peremptory Challenges on Trial". Northern Illinois University Law Review. 16: 209. ISSN 0734-1490. Archived from the original on April 17, 2009.
External links
edit- Text of J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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