The Court acknowledged that virtual exclusion of African Americans from juries constituted an equal protection violation in:

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The landmark case of Norris v. Alabama in 1935 established that the systematic and intentional exclusion of African Americans from juries violated the Equal Protection Clause of the Fourteenth Amendment. The case opened the door for future challenges to racial discrimination in jury selection, including later cases such as Batson v. Kentucky (1986), which further refined the rules for challenging discriminatory practices in jury selection. Adarand v. Pena (1995) dealt with affirmative action in government contracting, while Swain v. Alabama (1965) upheld the use of peremptory challenges to strike potential jurors without cause, though this decision was later narrowed in Batson.

The Court Acknowledged That Virtual Exclusion of African Americans from Juries