MICHIGAN
v.
BOOKER

U.S. | 1986-06-30
No. 85-1028
478 U.S. 1001 Supreme Court of the United States (1986) Positive Treatment
Cited by 5 cases
Dissent
Chief Justice Burger,

Chief Justice Burger,

dissenting.

I would reverse the decision of the Court of Appeals. The court concluded that the Sixth Amendment prohibits parties in a criminal case from using peremptory challenges to exclude black persons from the petit jury. In Batson v. Kentucky, 476 U. S. 79, 84-85, n. 4 (1986), petitioner raised precisely this Sixth Amendment argument. Justice Rehnquist and I rejected this position , observing that “because the case-specific use of peremptory challenges by the State does not deny blacks the right to serve as jurors in cases involving nonblack defendants, it harms neither the excluded jurors nor the remainder of the community.” Id., at 138. The Court in Batson did not challenge this conclusion and indeed, it refused to even discuss the Sixth Amendment issue. Id., at 84-85, n. 4. Instead, the Court took the highly irregular step of considering an argument not raised by the petitioner, id., at 112 (Burger, C. J., dissenting), and concluded that the Equal Protection Clause was violated by the case-specific use of peremptory challenges on the basis of race.

It is apparent that the Sixth Amendment argument raised here is without merit. I would therefore simply reverse the decision of the Court of Appeals.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United States v. Horacio Alvarado, 891 F.2d 439 (2d Cir. 1989)
    …JON 0. NEWMAN, Circuit Judge: This appeal concerns primarily the implementation of the holdings in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and McCray v. Abrams, 750 F. 2d 1113 (2d Cir.1984), vacated and remanded, 478 U.S. 1001, 106 S.Ct. 3289, 92 L.Ed.2d 705 (1986), appeal dismissed, No. 84-2026 (2d Cir. Oct. 23, 1986), proscribing a prosecutor’s use of peremptory challenges on the basis of race or other impermissible categories. Horacio Alvarado appeals from the Septembe…
  • United States v. Townsley, 856 F.2d 1189 (8th Cir. 1988)
    …ss section of the community. Therefore, the prosecutor’s use of peremptory challenges along racial lines to eliminate even this possibility violates the requirements of the sixth amendment. Booker v. Jabe, 775 F. 2d 762, 772 (6th Cir.1985), vacated, 478 U.S. 1001, 106 S.Ct. 3289, 92 L.Ed. 705 (1986), reinstated, 801 F. 2d 871 (6th Cir.1986), 479 U.S. 1046, cert. denied, 107 S.Ct. 910, 93 L.Ed.2d 860 (1987); Roman v. Abrams, 822 F. 2d 214, 226 (2d Cir.1987) (“The bottom line ... is that the Sixth Amendment gu…
  • United States v. Rodriquez-Cardenas, 866 F.2d 390 (11th Cir. 1989)
    …h Circuits have read the Sixth Amendment to protect the possibility that the petit jury will reflect a cross-section of the community. Roman v. Abrams, 822 F. 2d 214 (2d Cir.1987) (reaffirming McCray v. Abrams, 750 F. 2d 1113 (2d Cir.1984), vacated, 478 U.S. 1001, 106 S.Ct. 3289, 92 L.Ed.2d 705 (1986) (remanded for reconsideration in light of Batson))', Booker v. Jabe, 775 F. 2d 762 (6th Cir.1985), vacated, 478 U.S. 1001, 106 S.Ct. 3289, 92 L.Ed.2d 705, reinstated on remand, 801 F. 2d 871 (6th Cir.1986), cer…
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