Sotomayor, J., dissenting
honestly and with good intentions. It is ultimately the duty of the courts “to confront racial animus in the justice system.” Id., at 222. That responsibility requires courts, including this one, vigilantly to safeguard the fairness of criminal trials by ensuring that jurors do not harbor, or at the very least could put aside, racially biased sentiments. To address these “most grave and serious statements of racial bias” is “to ensure that our legal system remains capable of coming ever closer to the promise of equal treatment under the law that is so central to a functioning democracy.” Id., at 224.
The errors in this case render Thomas’ death sentence not only unreliable, but unconstitutional. I would not permit the State to execute Andre Thomas in light of the ineffective assistance that he received, and would summarily reverse the Fifth Circuit.
