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
The case concerns an allegation that the State used race‑based jury selection to minimize the number of African American jurors in a Texas death‑penalty case.
The respondent argues that the juror strikes were based on the prospective jurors’ views on the death penalty, not on race.
Background and question before the Court
According to Justice O'Connor, the central legal question is whether striking at least one African American prospective juror was race‑based for the petitioner to prevail.
The case involves the Texas practice of “jury shuffles,” a procedure that exists only in Texas.
According to Petitioner, the petitioner alleges that the State’s purpose in striking jurors was to deliberately minimize the number of African Americans on the jury.
What each side argues
Petitioner Position
The petitioner argues that the strikes were based on jurors’ views on the death penalty, not on race, and that this is the proper Batson analysis.
Respondent Position
The respondent (Ms. Bunn) maintains that the majority of African American jurors opposed the death penalty, while most white jurors did not, and that the strikes were based on these views, not on race.
The State argues that questioning of a juror (Mr. Fields) during voir dire was a legitimate basis for a strike.
What happened at oral argument
Justice O'Connor asked whether the petitioners must show that the strike of at least one African American prospective juror was race‑based to prevail.
Justice Kennedy posed a hypothetical where black jurors were questioned more extensively than white jurors, asking if that suggested a race‑based motive.
Justice Souter asked whether there was a reasonable basis to think the individuals had changed their minds about the case.
Justice Ginsburg asked whether the race‑coding of juror cards had any neutral justification and when it stopped.
According to Justice Stevens, the justice Stevens questioned whether the cues on juror cards indicated that prosecutors considered race a factor in challenges.
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.
- fb52fe47959c09da81ec-r1-7899400e6febf8d0.pdforal argument transcript
Guide generated September 21, 2026. Automated validation accepted this version.