J.E.B. v. ALABAMA EX REL T.B.

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Case Basics
Docket No. 
92-1239
Petitioner 
J.E.B.
Respondent 
Alabama ex rel T.B.
Advocates
(Argued the cause for the respondent)
(Argued the cause for the petitioner)
(As amicus curiae, supporting the petitioner)
Tags
Term:
Facts of the Case 

Alabama, acting on behalf of T.B. (the mother), sought paternity and child support from J.E.B.(the putative father). A jury found for T.B. In forming the jury, Alabama used its peremptory strikes to eliminate nine of the ten men who were in the jury pool; J.E.B. use a peremptory challenge to strike a tenth man in the pool.

Question 

Was the use of peremptory challenges to exclude jurors solely because of their gender a violation of the equal protection clause of the Fourteenth Amendment?

Conclusion 
Decision: 6 votes for J.E.B., 3 vote(s) against
Legal provision: Equal Protection

Yes. The Constitution's guarantee of equal protection bars the exclusion of potential jurors on the basis of their sex, just as it bars exclusion on the basis of race. "[G]ender-based classifications," wrote Justice Harry Blackmun for the majority, "require 'an exceedingly persuasive justification' in order to survive constitutional scrutiny." As a consequence, "[P]arties still may remove jurors whom they feel might be less acceptable than others on the panel; gender simply may not serve as a proxy for bias."

Cite this Page
J.E.B. v. ALABAMA EX REL T.B.. The Oyez Project at IIT Chicago-Kent College of Law. 04 April 2014. <http://www.oyez.org/cases/1990-1999/1993/1993_92_1239>.
J.E.B. v. ALABAMA EX REL T.B., The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1990-1999/1993/1993_92_1239 (last visited April 4, 2014).
"J.E.B. v. ALABAMA EX REL T.B.," The Oyez Project at IIT Chicago-Kent College of Law, accessed April 4, 2014, http://www.oyez.org/cases/1990-1999/1993/1993_92_1239.