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babylonsister

(170,964 posts)
Fri Jun 21, 2019, 03:38 PM Jun 2019

Justice Thomas just handed down an opinion that would make it legal to kick black people off juries


Justice Thomas just handed down an opinion that would make it legal to kick black people off juries
Jim Crow all over again.
Ian Millhiser
Jun 21, 2019, 11:55 am


The Supreme Court just undid the work of a prosecutor whose astounding incompetence was matched only by his racism. This prosecutor somehow managed to try Curtis Flowers, an African American man from Mississippi, six times for the same murders — and he botched every single trial.

The upshot of the Supreme Court’s 7-2 decision in Flowers v. Mississippi is that Mr. Flowers will need to be tried again — this time because of the prosecutor’s long record of excluding jurors because they are black. Even Justice Samuel Alito, who is normally a free space for prosecutors playing Supreme Court bingo, joined Brett Kavanaugh’s majority opinion tossing out Flowers’ conviction. (Alito did write separately to note that this is “a highly unusual case” that is “likely one of a kind.”)

There are few surprises in Kavanaugh’s opinion — sometimes easy cases make for easy decisions. One surprise is that two members of the court, Justice Clarence Thomas and Neil Gorsuch, dissented.

Perhaps most strikingly, however, was the nature of Thomas’s dissent, which went so far as to suggest that prosecutors should be free to remove jurors because of their race.

more...

https://thinkprogress.org/clarence-thomas-flowers-mississippi-batson-juries-6fb2bde2a085/
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Justice Thomas just handed down an opinion that would make it legal to kick black people off juries (Original Post) babylonsister Jun 2019 OP
Not surprising to anyone who knows anything shanny Jun 2019 #1
The thread title is a bit misleading - Thomas only wrote the dissent. The majority held The Velveteen Ocelot Jun 2019 #2
"Life is a box of chocolates, never know what you're saidsimplesimon Jun 2019 #4
Anybody who closely watches the Supreme Court (or any appellate court, for that matter) The Velveteen Ocelot Jun 2019 #8
Good to know, will bookmark saidsimplesimon Jun 2019 #9
Clarence Thomas atreides1 Jun 2019 #3
Justice Uncle Ruckus Salviati Jun 2019 #6
+10000 Celerity Jun 2019 #12
He also said this: StarfishSaver Jun 2019 #5
such ignorance should be an impeachable offense Hermit-The-Prog Jun 2019 #18
Flowers' case was the subject of season 2 of tishaLA Jun 2019 #7
as a practical matter his dissent means nothing shanny Jun 2019 #10
This is incorrect mcar Jun 2019 #11
the OP clearly states that Celerity Jun 2019 #13
I was referring to the headline mcar Jun 2019 #14
the headline is what I just posted Celerity Jun 2019 #15
Could we also kick them off the SCOTUS? RainCaster Jun 2019 #16
Thomas is damaged. Seems to me like all conservatives are damaged people. Solly Mack Jun 2019 #17
But, but, Joe Biden ? OnDoutside Jun 2019 #19

The Velveteen Ocelot

(115,280 posts)
2. The thread title is a bit misleading - Thomas only wrote the dissent. The majority held
Fri Jun 21, 2019, 03:41 PM
Jun 2019

that the defendant didn't get a fair trial because the prosecutor dismissed black jurors. The majority opinion was written by Kavanaugh, of all people.

saidsimplesimon

(7,888 posts)
4. "Life is a box of chocolates, never know what you're
Fri Jun 21, 2019, 03:47 PM
Jun 2019

gonna get." Forrest Gump

I am shocked that Justice Kavanaugh was with the majority.

The Velveteen Ocelot

(115,280 posts)
8. Anybody who closely watches the Supreme Court (or any appellate court, for that matter)
Fri Jun 21, 2019, 03:57 PM
Jun 2019

isn't that surprised. Article III judges are very protective of their role as an equal branch of the government, and, having lifetime appointments, they aren't beholden to the person who appointed them. While Gorsuch and Kavanaugh are unquestionably conservative, their ideological tendencies won't necessarily mean Trump will win any cases that come before him - in fact, the opposite is likely true. Trump isn't really a conservative, nor is he a constitutional originalist. He's just an autocrat who wants his way and doesn't care about the legal theories his lawyers will have to warp in order to support his position. At some point the Supreme Court will issue an opinion in a case in which Trump is the loser. He will then have an epic hissy fit and threaten to fire the justices who wrote it, even though he can't, and he'll probably try to ignore the court's order, whatever it is. Then things will really get interesting.

 

StarfishSaver

(18,486 posts)
5. He also said this:
Fri Jun 21, 2019, 03:47 PM
Jun 2019
"If the court’s opinion today has a redeeming quality, it is this: The state is perfectly free to convict Curtis Flowers again.”

A sitting Supreme Court Justice wrote in an opinion that the state is free to convict - not try but convict - a man who is, as of today, completely innocent in the eyes of the law unless and until he he is tried and convicted according to law.

What a hateful, evil person this man is.

Hermit-The-Prog

(33,041 posts)
18. such ignorance should be an impeachable offense
Fri Jun 21, 2019, 07:04 PM
Jun 2019

If he can't be impeached for the assault on Anita Hill, or his lack of logic, surely ignorance of the basics of law is enough.

tishaLA

(14,176 posts)
7. Flowers' case was the subject of season 2 of
Fri Jun 21, 2019, 03:53 PM
Jun 2019

the podcasr In the Dark--and frankly the podcast will probably result in him walking free because it's pretty clear he didn't commit the murders, although he's spent 22 years on death row and had six trials for the same crime.

Celerity

(42,673 posts)
13. the OP clearly states that
Fri Jun 21, 2019, 05:23 PM
Jun 2019


Justice Thomas just handed down an opinion that would make it legal to kick black people off juries

Perhaps most strikingly, however, was the nature of Thomas’s dissent

Celerity

(42,673 posts)
15. the headline is what I just posted
Fri Jun 21, 2019, 05:51 PM
Jun 2019

Justice Thomas just handed down an opinion that would make it legal to kick black people off juries

re-read it

WOULD

not

will

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