Women and Justice: Court: Court of Appeals for the Fifth Circuit

Domestic Case Law

Kennedy v. Cain Court of Appeals for the Fifth Circuit (2015)

Gender discrimination

Petitioner was convicted of aggravated rape of a child. In his appeal he argued that the state of Alabama had systemic sex discrimination in the selection of jury forepersons. In a ten year period of time, there were nineteen jury forepersons: twelve were male while seven were female. The petitioner brought a habeas corpus claim citing improper jury foreman election. The Fifth Circuit determined that the petitioner had shown substantial underrepresentation of female forepersons and that no specific disparity percentage was sufficient enough to show substantial underrepresentation but that factors such as disparity, population size, demographics of selection population should be taken into account.