The Supreme Court kind of tried to address this problem in 1965, in a case called Swain v. Alabama. But Swain focused on the exclusion of Black people from the jury pool, not on exclusion from the actual jury. All the Court really did in Swain was acknowledge that the systemic exclusion of Black people through peremptory challenges could be a violation of the equal protection clause, without giving defendants who were convicted by actual all-white juries any real way to object to how the jury was selected.
