If you were the judge, how would you rule?

The state of Alabama, on behalf of a mother (T.B.), brought
a paternity suit against the alleged father (J.E.B.) of T.B.’s child. During
jury selection, the state, through peremptory challenges, removed nine of the
ten prospective male jurors. J.E.B.’s attorney struck the final male from the
jury pool. As a result of these peremptory strikes, the final jury consisted of
twelve women. When the jury returned a verdict in favor of the mother, the
father appealed. The father argued that eliminating men from the jury
constituted gender discrimination and violated his rights to equal protection
and due process. The father requested the court to extend the principle
enunciated in Batson v. Kentucky, which prohibited peremptory strikes based
solely on race, to include gender-based strikes. The appellate court refused to
do so.

1. Do you agree with J.E.B. that the state’s exercise of its
peremptory challenges violated his right to equal protection and due process?
Why or why not?

2. If you were the judge, how would you rule?

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3. The late Supreme Court Justice Thurgood Marshall urged,
when the Court was reviewing the Batson case, that peremptory challenges be
banned entirely. Do you agree with this proposal? Discuss.business lawThe state of Alabama, on behalf of a mother (T.B.), brought
a paternity suit against the alleged father (J.E.B.) of T.B.’s child. During
jury selection, the state, through peremptory challenges, removed nine of the
ten prospective male jurors. J.E.B.’s attorney struck the final male from the
jury pool. As a result of these peremptory strikes, the final jury consisted of
twelve women. When the jury returned a verdict in favor of the mother, the
father appealed. The father argued that eliminating men from the jury
constituted gender discrimination and violated his rights to equal protection
and due process. The father requested the court to extend the principle
enunciated in Batson v. Kentucky, which prohibited peremptory strikes based
solely on race, to include gender-based strikes. The appellate court refused to
do so.1. Do you agree with J.E.B. that the state’s exercise of its
peremptory challenges violated his right to equal protection and due process?
Why or why not?2. If you were the judge, how would you rule?3. The late Supreme Court Justice Thurgood Marshall urged,
when the Court was reviewing the Batson case, that peremptory challenges be
banned entirely. Do you agree with this proposal? Discuss.

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