Race and Gender-based Pre-emptory Challenges

  • NOT ALLOWED: religion, gender, class--possibly age, due to Constitutional connection between age a voting/jury service.
    • Hard to prove if allow vague justifications (didn't like beard, hair, etc.).
  • A racial (or other) minority is by definition a numerical minority, thus equal number of preemptions then will tend to reduce minority representation.
  • Some justices say must eliminate pre-emptory challenges all together.
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