Supreme Court of the United States

Miller-El v. Dretke

June 13, 2005545 U.S. 231

Summary

Justice Breyer concurs in the judgment but expresses doubt about the effectiveness of the Batson rule against racial discrimination in jury selection, suggesting a need to reconsider peremptory challenges broadly. He joins the Court’s opinion with this qualification; Justice Thomas, dissenting, argues AEDPA limits federal review to evidence presented to state courts.