Batson v. Kentucky Reflections Inspired by a Podcast

Authors

Nancy S. Marder, IIT Chicago-Kent College of Law

Abstract

An episode of More Perfect, a podcast devoted to the US. Supreme Court, focused on Batson v. Kentucky, which just marked its thirtieth anniversary. This podcast serves as the starting point for reflections on Batson v. Kentucky, a case in which the Court maintained the peremptory challenge while trying to eliminate discriminatory peremptory challenges. The podcast contributes to our understanding of Batson in several ways. First, it allows listeners to hear from participants in the case and how they viewed their situation at the time. Second, it considers whether Batson has been effective in ridding jury selection of race-based peremptory challenges. A growing number of academics and judges take the view that Batson should be abandoned and peremptory chalenges should be elimuinated Third, the podcast raises the question whether eliminating the peremptory challenge represents a loss of faith in America, as one lawyer suggests. This Article challenges that notion and argues that clminating the peremptory challenge represents a faith in America and in Americans to perform their role as jurors.

Recommended Citation

Marder, Nancy S. (2016) "Batson v. Kentucky Reflections Inspired by a Podcast," Kentucky Law Journal: Vol. 105: Iss. 4, Article 3.
Available at: https://uknowledge.uky.edu/klj/vol105/iss4/3