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Constitutional Law

: Chris King's 1st Amendment Page

KingCast says thank goodness for genetic non-discrimination bill, but gives boos to Clarence Thomas on race discrimination.

By Christopher King

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I give credit where it's due and rail when that's due. I gave Big Ups to Prosecutor Robert Gainor for nailing Gregory Floyd for Criminal Threats and I throughly enjoyed rapping with him during the breaks. And here today, I do not see a downside to the Genetic non-discrimination bill. I do see a downside in the U.S. Supreme Court's 6-3 decision on a Batson appeal overturning a Jury Verdict tainted by racism in the prosecution of Thomas Miller-El. My main Jurisprudential brother from New Hampshire, Justice Souter, put it down like this:
"The very integrity of the courts is jeopardized" by racial bias in jury selection, examined aspects of the selection process in unusual detail and concluded that the state's "attempt at a race-neutral rationalization" for what occurred "simply fails to explain what the prosecutors did."

When the evidence is "viewed cumulatively," Justice Souter said, "its direction is too powerful to conclude anything but discrimination."


So the downside? That Uncle Tom Clarence Thomas who voted with Scalia and Rehnquist. It's naff. I'd been meaning to blawg this case for a while but it just didn't fit in until today. Be sure to read the comments on the Clarence post because while not intended, they actually delve into police abuse and other mayhem and tragedy in New Hampshire. Blogs are funny that way.

Full post as published by Chris King's 1st Amendment Page on April 25, 2008 (boomark / email).

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