J.E.B. v. Alabama ex rel. T.B.

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J. E. B. v. Alabama ex rel. T. B.
Seal of the United States Supreme Court.svg
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, 64 Empl. Prac. Dec. P 42,967, 128 L.Ed.2d 89, 62 USLW 4219
Prior history 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

J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994), was a case in which the Supreme Court of the United States held that making peremptory challenges based solely on a prospective juror's sex is unconstitutional. J.E.B. extended the court's existing precedent in Batson v. Kentucky (1986), which found race-based peremptory challenges in criminal trials unconstitutional, and Edmonson v. Leesville Concrete Company (1991), which extended that principle to civil trials. As in Batson, the court found that sex-based challenges violate the Equal Protection Clause.

Background[edit]

On behalf of T.B., the mother of a minor child, the state sued J.E.B. for child support in Jackson County, Mississippi. During jury selection, challenges intentionally targeted male potential jurors resulting in an all-female jury.

Decision[edit]

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[edit]

Further 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. 

External links[edit]