Batson and Its Progeny Prohibit the Use of Premptory Challenges Based upon Disability and Religion: A Practitioner's Guide for Requesting a Civil Batson Hearing

This article explores the implications of Batson v. Kentucky and its subsequent rulings regarding the prohibition of peremptory challenges based on disability and religion in jury selection. It provides a detailed analysis of the legal framework established by these decisions, emphasizing the importance of equal protection principles in the courtroom. The paper serves as a practical guide for attorneys seeking to request a civil "Batson" hearing, outlining procedural steps and strategic considerations. By highlighting relevant case law and procedural nuances, it aims to empower practitioners in advocating for fair jury compositions. The article underscores the critical role of "Batson" protections in promoting justice and inclusivity in the legal system.