The New York Times > National > Death Sentences in Texas Cases Try Supreme Court's Patience: "Writing for the majority in the Supreme Court's 8-to-1 decision last year, Justice Anthony M. Kennedy discussed evidence that prosecutors had acted improperly. Among other things, he noted, prosecutors questioned black potential jurors more aggressively about their views on the death penalty than they did white jurors.
Only Justice Thomas dissented from the decision, saying that none of the factors cited by Justice Kennedy 'presented anything remotely resembling clear and convincing evidence of purposeful discrimination.'"
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