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Argued November 29, 1999.
Decided January 19, 2000.
Attorney(s) appearing for the Case
Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Solicitor General Waxman, Assistant Attorney General Robinson, David C. Frederick, and Richard A. Friedman.
Michael D. Gordon, by appointment of the Court, 527 U.S. 1054, argued the cause and filed a brief for respondent.*
Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Souter, Thomas, and Breyer, JJ., joined. Souter, J., filed a concurring opinion, p. 317. Scalia, J., filed an opinion concurring in the judgment, in which Kennedy, J., joined, p. 318.
United States Supreme Court.
Justice Ginsburg, delivered the opinion of the Court.
In Ross v. Oklahoma,487 U.S. 81 (1988), this Court reaffirmed that "peremptory challenges [to prospective jurors] are not of constitutional dimension," id., at 88; rather, they are one means to achieve the constitutionally required end of an impartial jury. We address in this case a problem in federal jury selection left open in Ross. See id.,...
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