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Argued February 26, 1992.
Decided June 18, 1992.
Attorney(s) appearing for the Case
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.
Robert H. Revell, Jr., argued the cause for respondents. With him on the brief was Jesse W. Walters.*
Blackmun, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, Kennedy, and Souter, JJ., joined. Rehnquist, C. J., filed a concurring opinion, p. 59. Thomas, J., filed an opinion concurring in the judgment, p. 60. O'Connor, J., p. 62, and Scalia, J., p. 69, filed dissenting opinions.
United States Supreme Court.
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...
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