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

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1994 United States Supreme Court case

J. E. B. v. Alabama ex rel. T. B.
Supreme Court of the United States
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; 128 L. Ed. 2d 89; 1994 U.S. LEXIS 3121; 62 USLW 4219; 64 Empl. Prac. Dec. (CCH) ¶ 42,967
Case history
Prior	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
Chief Justice William Rehnquist Associate Justices Harry Blackmun · John P. Stevens Sandra Day O'Connor · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg
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 landmark decision of the Supreme Court of the United States holding that peremptory challenges based solely on a prospective juror's sex are 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

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

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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.

References

J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994).
Batson v. Kentucky, 476 U.S. 79 (1986).
Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991).

External links

Text of J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)

United States equal protection and criminal procedure case law

Selective prosecution
McCleskey v. Kemp (1987) United States v. Armstrong (1996) United States v. Bass (2002)

Discrimination in jury selection

History	Racial discrimination in jury selection Women in United States juries
Racial exclusion in venire	Strauder v. West Virginia (1880) Virginia v. Rives (1880) Neal v. Delaware (1881) Gibson v. Mississippi (1896) Smith v. Mississippi (1896) Carter v. Texas (1900) Tarrance v. Florida (1903) Brownfield v. South Carolina (1903) Rogers v. Alabama (1904) Franklin v. South Carolina (1910) Norris v. Alabama (1935) Patterson v. Alabama (1935) Hale v. Kentucky (1938) Smith v. Texas (1940) Hill v. Texas (1942) Patton v. Mississippi (1947) Cassell v. Texas (1950) Avery v. Georgia (1953) Hernandez v. Texas (1954) Eubanks v. Louisiana (1958) Coleman v. Alabama (1967) Vasquez v. Hillery (1986)
Fair cross-section in venire	Glasser v. United States (1942)* Thiel v. Southern Pacific Co. (1946)** Ballard v. United States (1946) Taylor v. Louisiana (1975) Duren v. Missouri (1979) Holland v. Illinois (1990) Berghuis v. Smith (2010)
Peremptory challenges	Batson v. Kentucky (1986) Griffith v. Kentucky (1987) Teague v. Lane (1989) Ford v. Georgia (1991) Powers v. Ohio (1991) Edmonson v. Leesville Concrete Company (1991)** Hernandez v. New York (1991) Trevino v. Texas (1992) Georgia v. McCollum (1992) J.E.B. v. Alabama ex rel. T.B. (1994) Purkett v. Elem (1995) Miller-El v. Cockrell (2003) Johnson v. California (2005) Miller-El v. Dretke (2005) Rice v. Collins (2006) Snyder v. Louisiana (2008) Rivera v. Illinois (2009) Thaler v. Haynes (2010) Felkner v. Jackson (2011) Foster v. Chatman (2015) Flowers v. Mississippi (2019)

*Glasser interpreted the Impartial Jury Clause of the Sixth Amendment. **Thiel and Edmonson were civil cases.

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