The Supreme Court has held that indictments by an all-white grand jury from which black individuals are systematically excluded creates an intolerable risk that the defendant's indictment is a result of discrimination, thereby violating the equal protection clause.

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This is based on the Supreme Court case of Batson v. Kentucky, which held that race-based exclusions of potential jurors violates the Equal Protection Clause of the 14th Amendment. This principle has been extended to include grand juries as well.

The Supreme Court Has Held That Indictments by an All-White