Save the Court

An African American had been convicted of felony murder by an all white jury from which black jurors had been impermissibly struck because of their race. Alito cast the deciding vote and wrote the majority opinion in a 2-1 ruling rejecting the defendant's claims. The full Third Circuit, in a split decision, reversed Alito's ruling, and the majority specifically criticized him for having compared statistical evidence about the prosecution's exclusion of blacks from juries in capital cases to an explanation of why a disproportionate number of recent U.S. Presidents have been left-handed. According to the majority, "[t]o suggest any comparability to the striking of jurors based on their race is to minimize the history of discrimination against prospective black jurors and black defendants . . ."--

From pages 9 and 10 of the full preliminary report, here (PDF)