In a 7-1 opinion written by Chief Justice Roberts the Supreme Court held in Foster v. Chatman that the prosecutor’s decision to exercise preemptory strikes against all four prospective black jurors was racially motivated in violation of Batson v. Kentucky (1986). Five previous lower court rulings on this issue disagreed.
In 1987 Timothy Tyrone Foster, who is black, was sentenced to death for murdering, sexually assaulting, and burglarizing an elderly white woman. The jury was all-white; the prosecutor peremptorily struck all four prospective black jurors. Prosecutors may strike a number of jurors for any unstated reason except because of race and sex, the Supreme Court has held.