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

J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994), was a case in which the Supreme Court of the United States held that making peremptory challenges based solely on a prospective juror's sex is unconstitutional.[1] J.E.B. extended the court's existing precedent in Batson v. Kentucky (1986), which found race-based peremptory challenges in criminal trials unconstitutional,[2] and Edmonson v. Leesville Concrete Company (1991), which extended that principle to civil trials.[3] As in Batson, the court found that sex-based challenges violate the Equal Protection Clause.

J. E. B. v. Alabama ex rel. T. B.
Argued November 2, 1993
Decided April 19, 1994
Full case nameJ. E. B., Petitioner v. Alabama ex rel. T. B.
Citations511 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
PriorCertiorari to the Alabama Court of Civil Appeals 606 So.2d 156
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
MajorityBlackmun, joined by Stevens, O'Connor, Souter, Ginsburg
DissentScalia, joined by Rehnquist, Thomas
Laws applied
U.S. Const. amend. XIV


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.


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.

See also


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

Further reading

  • Currie, C. M.; Pillick, A. M. (1996). "Sex Discrimination in the Selection and Participation of Female Jurors: A Post-J.E.B. Analysis". Judges' Journal. 35 (1): 2–6, 38–41. ISSN 0047-2972.
  • Harden, L. L. M. (1995). "The End of the Peremptory Challenge? The Implications of J.E.B. v. Alabama ex rel T.B. for Jury Selection in Alabama". Alabama Law Review. 47: 243. ISSN 0002-4279.
  • Wichterman, S. L. (1995). "JEB v. Alabama ex rel. TB: Gender-Based Peremptory Challenges on Trial". Northern Illinois University Law Review. 16: 209. ISSN 0734-1490. Archived from the original on 2009-04-17.

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