This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Eight of the 15 African American jurors were given the graphic script, representing 53 percent, while only three of the 49 white jurors received the script.
According to State, the State allegedly shuffled the jury each week to move African American jurors from the front of the venire to the back.
According to Ms. Bunn, the record lacks the questionnaires of the white jurors; only the African American jurors’ questionnaires were presented.
Defense counsel objected to the striking of every African American juror except two.
According to Petitioner (Waxman), the graphic script was given at the beginning of voir dire based on the questionnaires, while the “minimum punishment ploy” was introduced at the very end, after all evidence had been presented.
Background and question before the Court
According to Seth P. Waxman, on behalf of the Petitioner, petitioner argues that this case is an exceptional instance of racial discrimination in jury selection, comparable to the hypothetical described in Hernandez v. New York, and should serve as a model for evaluating Batson challenges.
According to Justice Ginsburg, justice Ginsburg posed a question about a scenario where jurors of different races receive qualitatively and quantitatively different questioning, highlighting the core issue of whether such disparity violates Batson.
What each side argues
Petitioner Position
According to Seth P. Waxman, on behalf of the Petitioner, the case presents an exceptional instance of racial discrimination in jury selection and should be used as a model for assessing Batson challenges.
According to Petitioner (Waxman), the graphic script was administered at the start of voir dire based on questionnaires, while the “minimum punishment ploy” occurred only after the evidence phase.
Respondent Position
According to State, the State used its prerogative to shuffle the jury each week, moving African American jurors from the front of the venire to the back.
According to Ms. Bunn, the record does not contain the questionnaires of the white jurors; only the African American jurors’ questionnaires were entered into the record.
What happened at oral argument
According to Justice Ginsburg, qUESTION (Justice Ginsburg): Suppose you have a case in which 10 jurors are excused because of their expressed views on the death penalty, excused by the State. Five of those jurors are white and five are black. But with the five black jurors, the questioning was qualitatively and quantitatively different. It went on much longer with much more searching, a different script. What result then?
According to Justice (unspecified), qUESTION (Unnamed Justice): Because of the answers that they gave on the questionnaire and — and answers that they gave just before the script was used.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 5eec7493652aefb44ba7-r1-b0ba4bd7ea48eb19.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.