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

Background

The State of Alabama, acting for the mother of a minor child, sued a man in a paternity and child support case. At trial the court called a panel of 36 potential jurors (12 men and 24 women). After some excusals, 10 of 33 remaining jurors were male. The State used nine of its ten peremptory strikes to remove men; the defendant used most of his strikes to remove women, and the seated jury was all female. The trial court and Alabama appellate court rejected the man’s objection that striking jurors solely for their sex violated the Equal Protection Clause.

Reasoning

The Court asked whether the Equal Protection Clause forbids intentional discrimination in peremptory strikes on the basis of gender. It held that gender, like race, cannot be used as a proxy for juror competence or impartiality. The opinion explains that history and legal precedent show a long record of sex-based stereotypes and that gender-based strikes harm litigants, jurors, and public confidence. The Court applied the Batson framework: a party must make a prima facie showing of discrimination, and the striker must give a gender-neutral, non-pretextual reason. The ruling does not eliminate peremptory challenges; parties may still strike for non-gender reasons and may strike groups tied to other legitimate traits absent pretext.

Real world impact

The decision stops lawyers and prosecutors from removing prospective jurors solely because of their sex. Judges must now require gender-neutral explanations for challenged strikes, and jury selection may see more questioning and Batson-style review. The Court reversed the Alabama judgment and sent the case back for further proceedings.

Dissents or concurrances

Justice O’Connor joined but warned the ruling burdens the peremptory and preferred limiting it to government actors; Justice Kennedy also concurred. Chief Justice Rehnquist and Justice Scalia dissented, arguing sex differs from race and warning the decision weakens traditional peremptory practice and increases trial burdens.