U.S. Supreme Court Oral Arguments
Mar 31, 2026 · 1 hr 50 min · 10 segments
A case in which the Court held that when a trial court prevents a defendant from completing the three-step Batson process for challenging racially discriminatory jury strikes, a state appellate…
Malcolm L. StewartGuest
Ketanji Brown JacksonGuest
Sonia SotomayorGuest
Brett KavanaughGuestFergusonGuest
Elena KaganGuest
Samuel AlitoGuest
Amy Coney BarrettGuest
Clarence ThomasGuest
Neil GorsuchGuest
John RobertsHostMr.
Justice Thomas, which arguments specifically?
Did the trial counsel make the argument that the prosecution discriminatorily picked the jury or exercised peremptory strikes? For the reasons you just stated.
Justice Thomas, trial counsel made the objection timely.
What was the
And did trial counsel has the burden of demonstrating discrimination, right?
Justice Thomas, that's correct.
Justice Thomas.
The trial counsel attempted to engage that process, which entails three steps in burden shifting.
Unfortunately, the third step did not occur in this case, notwithstanding trial counsel's effort.
What do you mean by that? It didn't occur? The judge decided that it was race neutral?
Respectfully, Justice Thomas, yes, that's all the judge did.
But did the trial counsel offer an argument or evidence that the – reasons offered by the prosecutor were pretextual.
But didn't trial counsel subsequently file an affidavit indicating that she did not raise these objections?
Justice Thomas, yes, that's correct.
What the transcript shows is that Ms. Steiner's What she said is at some point the defense is going to want to reserve both its Batson objection and a straight 14th Amendment racial discrimination.
Was that objection raised later on? I mean, I think that's where that's the preface to where you say that three times the court said you have that.
And I wonder if there was some confusion between the reference to at some point the defense is going to want to reserve and And the Court's statement is that you've already made it in the record.
Mr.
Justice Thomas, which arguments specifically?
Did the trial counsel make the argument that the prosecution discriminatorily picked the jury or exercised peremptory strikes? For the reasons you just stated.
Justice Thomas, trial counsel made the objection timely.
What was the
And did trial counsel has the burden of demonstrating discrimination, right?
Justice Thomas, that's correct.
Justice Thomas.
The trial counsel attempted to engage that process, which entails three steps in burden shifting.
Unfortunately, the third step did not occur in this case, notwithstanding trial counsel's effort.
What do you mean by that? It didn't occur? The judge decided that it was race neutral?
Respectfully, Justice Thomas, yes, that's all the judge did.
But did the trial counsel offer an argument or evidence that the – reasons offered by the prosecutor were pretextual.
But didn't trial counsel subsequently file an affidavit indicating that she did not raise these objections?
Justice Thomas, yes, that's correct.
What the transcript shows is that Ms. Steiner's What she said is at some point the defense is going to want to reserve both its Batson objection and a straight 14th Amendment racial discrimination.
Was that objection raised later on? I mean, I think that's where that's the preface to where you say that three times the court said you have that.
And I wonder if there was some confusion between the reference to at some point the defense is going to want to reserve and And the Court's statement is that you've already made it in the record.
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