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At the dark heart of making the Sixth Amendment meaningful in any way for Black people lies an argument that white people, even white liberals, are reluctant to make: white jurors cannot sit in impartial judgment of Black people. Nobody really wants to say that, so we run ourselves through a bunch of equal protection analysis about the fairness of the objections to Black jurors, to make the conversation more palatable. But the real argument is that a Black person cannot get an impartial jury if that jury is all white.
Allow Me to Retort: A Black Guy’s Guide to the Constitution
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