Media for Edmonson v. Leesville Concrete Company, Inc.Audio Transcription for Oral Argument - January 15, 1991 in Edmonson v. Leesville Concrete Company, Inc.
Audio Transcription for Opinion Announcement - June 03, 1991 in Edmonson v. Leesville Concrete Company, Inc.
Anthony M. Kennedy:
Other means exists for litigants to satisfy themselves of an impartial jury without using skin color as a test.
If our society is to continue to progress as a multiracial democracy, it must recognize that the automatic invocation of racial stereotypes retires that progress and causes continued harm.
Whether the race generality employed by the litigants to challenge a potential juror to rise from open hostility or from some hidden and inarticulated fear, neither motive entitles the litigant to cause injury to the excused juror.
The decision of the Fifth Circuit is reversed.
Justice O'Connor has filed a dissenting opinion in which the Chief Justice and Justice Scalia have joined.
Justice Scalia has also filed a separate dissenting opinion.