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. 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.
|J. E. B. v. Alabama ex rel. T. B.|
|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)|
|Prior||Certiorari 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.|
|Majority||Blackmun, joined by Stevens, O'Connor, Souter, Ginsburg|
|Dissent||Scalia, joined by Rehnquist, Thomas|
|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.
- Hoyt v. Florida (1961)
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- 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.
- 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)