2. Calvin knows a ton about nonunanimous juries. While incarcerated at Angola Prison and after his release, he championed the issue. https://www.oregonlive.com/opinion/2020/08/opinion-rosenblum-must-end-persisting-injustice-of-nonunanimous-juries.html
3. Finally in 2019 the U.S. Supreme Court agreed to hear a case questioning their constitutionality. And earlier this year, the Supreme Court struck nonunanimous juries down. https://www.oregonlive.com/opinion/2020/08/opinion-rosenblum-must-end-persisting-injustice-of-nonunanimous-juries.html
4. When Calvin and his team won in the Supreme Court this year, the justices described the nonunanimous jury rule –unique to Oregon & Louisiana – as grounded in racism and bigotry. In Oregon, the Court said, nonunanimous juries could be “traced to the rise of the Ku Klux Klan.”
5. And, according to the Supreme Court, it wasn’t merely that nonunanimous juries were monuments to past racism. The justices also said that the *present day effect* of nonunanimous juries was racist – because nonunanimous juries dilute the voices of racial minorities on juries.
7. Basically, @EllenRosenblum is taking the position that the Supreme Court case striking down nonunanimous juries shouldn’t apply to older cases. People with newer cases get a new trial, but in Rosenblum’s view, people with older cases are out of luck. https://www.oregonlive.com/opinion/2020/08/opinion-rosenblum-must-end-persisting-injustice-of-nonunanimous-juries.html
8. To put it differently, @EllenRosenblum is saying that it’s too much trouble to give these people new trials, so we should all just accept the systemic racism that infected their cases. https://www.oregonlive.com/opinion/2020/08/opinion-rosenblum-must-end-persisting-injustice-of-nonunanimous-juries.html
9. But as Justice Gorsuch – of all people! – pointed out in the Supreme Court opinion, @EllenRosenblum’s willingness to tolerate systemic racism, her view that addressing it is too hard, is precisely what allows systemic racism to persist. https://www.oregonlive.com/opinion/2020/08/opinion-rosenblum-must-end-persisting-injustice-of-nonunanimous-juries.html
10. And as #blacklivesmatter teaches us, @EllenRosenblum’s stance is the same attitude that allows Confederate monuments to remain standing – an unwillingness of white people to do the hard work of dismantling racist systems/institutions. https://www.oregonlive.com/opinion/2020/08/opinion-rosenblum-must-end-persisting-injustice-of-nonunanimous-juries.html
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