Dissenting from the en banc Fifth Circuit’s refusal to require district courts to consider what we now call Batson challenges in jury selection, Judge Jerre S. Williams closed with this:

Ugly in its practice and insidious in its effects, invidious racial discrimination deserves no protection in any area of society, least of all in the administration of justice in the federal courts.

United States v. Leslie, 783 F.2d 541, 574 (5th Cir. 1986) (en banc) (Williams, J., dissenting). 

The Supreme Court granted certiorari, vacated the en banc decision, and remanded the case for further proceedings.  479 U.S. 1074 (1987).  The Fifth Circuit then returned the case to the district court and instructed it to conduct a Batson hearing.  United States v. Leslie, 813 F.2d 658 (5th Cir. 1987).

Blawgletter’s judge was right.  He so often was.

Barry Barnett

Feedicon_5 We miss Judge Williams.