Supreme Court backtracked on Black death row inmates’ racial bias claims, liberal justices say

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Supreme Court backtracked on Black death row inmates’ racial bias claims, liberal justices say
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The Supreme Court declined to take up a Black death row inmate's conviction, prompting the three liberal justices on the court to say that the conservative majority was backtracking on its ruling in a similar case from 2019.

July 5, 2023, 5:47 PM UTCWASHINGTON — When the Supreme Court four years ago threw out a Black Mississippi death row inmate’s conviction because of claims that prosecutors unlawfully blocked Black people from serving on the jury, it was hailed for sending a message to lower courts to be vigilant about racial bias in the criminal justice system.student loan debt relief plan

“Because this court refuses to intervene, a Black man will be put to death in the state of Mississippi based on the decision of a jury that was plausibly selected based on race,” Justice Sonia Sotomayor wrote in a dissenting opinion joined by Justices Elena Kagan and Ketanji Brown Jackson., who was convicted of murdering 13-year-old Muhammed Saeed during a botched convenience store robbery in Canton, Mississippi, in October 2014.

But in its latest decision, the Supreme Court effectively told the Mississippi Supreme Court that it could ignore what the Flowers ruling had concluded, Sotomayor said. In Clark’s case, there were eight Black people out of 38 in the jury pool. Prosecutors blocked seven of them, Clark’s lawyers said in court papers.Clark, 43, was convicted of murder and related charges and sentenced to death. He argued on appeal that the state’s actions violated the equal protection clause of the Constitution’s 14th Amendment.

The court's ruling in the Flowers in some ways emphasized how the court is more likely to lament racial bias in the justice system when focusing on individual misconduct while stopping short of making sweeping statements that will have broad impact, said Elisabeth Semel, a professor at the University of California, Berkeley, School of Law.

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