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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.
U.S. 127 ( )
114 S.Ct. 1419, 64 Empl. Prac. Dec. P 42,967, 128 L.Ed.2d 89, 62 USLW 4219
Certiorari to the Alabama Court of Civil Appeals 606 So.2d 156
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.
Blackmun, joined by Stevens, O'Connor, Souter, Ginsburg
Scalia, joined by Rehnquist, Thomas
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 (1986), which found race-based peremptory challenges in criminal trials unconstitutional, and Batson v. Kentucky (1991), which extended that principle to civil trials. As in Edmonson v. Leesville Concrete Company 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, Alabama. 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 ]