Batson v. Kentucky: Reflections Inspired by a Podcast

An episode of More Perfect, a podcast devoted to the U.S. Supreme Court, focused on Batson v. Kentucky , which just marked its thirtieth anniversary. This podcast serves as the stating 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 challenges should be eliminated. 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 eliminating the peremptory challenge represents a faith in America and in Americans to perform their role as jurors.