Powers v. Ohio

Since in my view today’s decision contradicts well-established law in the area of equal protection and of standing, I respectfully dissent.

I

The Court portrays its holding as merely the logical application of our prior jurisprudence concerning equal protection challenges to criminal convictions. It is far from that.

Over a century ago, in Strauder v. West Virginia, 100 U. S. 303 (1880), we held that a statute barring blacks from service on grand or petit juries denied equal protection of the laws to a black man convicted of murder by an all-white jury. Interpreting the recently enacted…