Georgia v. McCollum

Georgia v. McCollum, 505 U.S. 42 (1992), was a case in which the Supreme Court of the United States held that a criminal defendant cannot make peremptory challenges based solely on race.

[1] The court had previously held in Batson v. Kentucky (1986) that prosecutors cannot make peremptory challenges based on race, but did not address whether defendants could use them.

[2] The court had already ruled in Edmonson v. Leesville Concrete Company (1991) that the Batson prohibition also applies to civil litigants because they are state actors during the jury selection process.

[3] However, in Polk County v. Dodson,[4] the court had held that a public defender is not a state actor in the context of a lawsuit for inadequate legal representation.

Like in Edmonson, Blackmun found that race-based peremptory challenges by the defendant violate the Equal Protection Clause and are therefore unconstitutional.