Supreme Court justice Sonia Sotomayor wrote a dissent on Monday arguing that anyone who is familiar with FBI crime stats must be banned from Capital case juries for “racial bias.”
She was backed in her dissent by Justice Kagan and retiring Justice Breyer.
Steve Sailor posted highlights from Sotomayor’s dissent as shared by the Supreme Court:
Cite as: 596 U. S. ____ (2022) 1
SOTOMAYOR, J., dissenting
SUPREME COURT OF THE UNITED STATES
KRISTOPHER LOVE v. TEXAS
ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS
No. 21–5050. Decided April 18, 2022
The petition for a writ of certiorari is denied.
JUSTICE SOTOMAYOR, with whom JUSTICE BREYER and
JUSTICE KAGAN join, dissenting from the denial of summary vacatur.
[…] The seating of a racially biased juror, therefore, can never be harmless. As with other forms of disqualifying bias, if even one racially biased juror is empaneled and the death penalty is imposed, “the State is disentitled to execute the sentence,” Morgan v. Illinois, 504 U. S. 719, 729 (1992).
In this case, petitioner Kristopher Love, a Black man, claims that one of the jurors in his capital trial was racially biased because the juror asserted during jury selection that “[n]on-white” races were statistically more violent than the white race. […]
“You’ll notice that Justice Sotomayor capitalizes ‘black’ but uses lower case for ‘white,’ which proves she’s not racially biased,” Sailor commented.