Venue: |
SCOTUS
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Facts: |
Mexican Americans make up 79% of the population in this county, but only
39% of the grand jury venire. |
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Posture: |
District court finds that there was a showing of discrimination, just based
on raw numbers, but held that the state's showing that Mexican
Americans constituted the governing majority weighs against any
inference of invidiosity. Dismissed. |
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Issue: |
Is this discrimination? |
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Holding: |
Yes |
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Rule: |
None really stated |
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Reasoning: |
Essentially, if a population does this to itself, it's hard to muster
much sympathy. But, at the same time, in order to find that the
presumption of discrimination was rebutted, we'd have to rely on
the reasoning that human beings would not discriminate against
their own kind, and that's reasoning we have rejected. |
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Dicta: |
Powell, dissenting: practically everybody here, including the jury
commissioners, was Mexican American. If they want this discrimination
to end, they're in the majority-- it's no problem to effect that
change. |
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