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Why a landmark Supreme Court ruling has failed to keep racial bias out of jury selection

14 0
08.05.2026

On April 30, 2026, Texas executed James Broadnax, a Black man who was sentenced to death for the robbery and murder of two men in 2008.

Before the jury was seated, the prosecutor moved to dismiss each of the seven Black people from the jury pool. Citing court documents, CNN noted that he “(utilized) a spreadsheet during jury selection that bolded only the names of every Black juror” and none of the white or Latino people. After defense objections, the judge reseated one Black juror, citing the otherwise all-white jury.

The trial proceeded with 11 white jurors and one Black juror.

A jury with that racial composition is likely to deliberate in a different way than one that is more racially diverse. According to Duke University law professor James Coleman, “Juries with two or more members of color deliberate longer, discuss a wider range of evidence, and collectively are more accurate in their statements about cases, regardless of the race of the defendant.”

A 2012 Duke University study of two Florida counties found that juries “formed from all-white jury pools convicted Black defendants 16% more often than white defendants, a gap that was nearly eliminated when at least one member of the jury pool was Black.”

Broadnax was executed on the 40th anniversary of Batson v. Kentucky, in which the Supreme Court ruled that prosecutors cannot exclude jurors solely on account of their race.

But Broadnax’s case is not an outlier. Similar efforts to “whiten” juries in capital cases regularly occur in states that authorize the death penalty. A 2025 analysis of Alabama’s death row by the Equal Justice Initiative found that across 122 capital cases – involving Black and white defendants in roughly equal numbers – more than one-third were decided by juries with no Black jurors or, like Broadnax’s case, only one.

As a death penalty scholar who has tracked the role of race in the death penalty system, I believed Batson was a step forward in the effort to address a long........

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