Retired judge Lawrence Waddington recently expressed his strong opinions on the role of race and gender in our courtrooms. ("9th Circuit sets itself up for Supreme Court reversal, again," Jan. 13, 2016.) Unfortunately, his observations are both unhelpful and impractical.
His position that the trial court judge is the only person who can determine if peremptory challenges have been exercised in a discriminatory manner would effectively remove this important constitutional right from a...
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