Brett Kavanaugh just won a surprising victory for racial justice
Justice Brett Kavanaugh authored the majority opinion in the case Pitchford v. Cain, which addresses racial bias in jury selection. This decision aligns with a proposal Kavanaugh made in a 1989 law journal article advocating for protections against racism in jury selection. The ruling, which was narrowly decided 5-4, indicates that even conservative justices can sometimes support liberal causes based on their individual perspectives.
- ▪Kavanaugh's opinion in Pitchford v. Cain implements a proposal he made in 1989 regarding jury selection and racism.
- ▪The decision was a 5-4 ruling, with Kavanaugh's fellow Republican justices dissenting.
- ▪Kavanaugh's 1989 note in the Yale Law Journal argued for procedural protections against racial discrimination in jury selection.
2 outlets in our directory ran this story, first to last over 16 hours. All of the coverage we found sits in one bucket: lean right. That one-sidedness is itself worth noticing.
- ▪ Justice Kavanaugh Won a Victory for Racial Justice. Really — Real Clear Politics
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| Original publisher | Vox |
| Canonical URL | https://www.vox.com/politics/490239/supreme-court-brett-kavanaugh-race-jury-pitchford-cain |
| Publication time | 2026-05-28T15:00:00-04:00 |
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Opening excerpt (first ~120 words) tap to expand
PoliticsBrett Kavanaugh just won a surprising victory for racial justiceReally.by Ian MillhiserMay 28, 2026, 7:00 PM UTCShareGiftJustice Brett Kavanaugh wrote the majority opinion in Pitchford v. Cain. Aaron Schwartz/AFP via Getty ImagesIan Millhiser is a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. He received a JD from Duke University and is the author of two books on the Supreme Court.Justice Brett Kavanaugh is a Republican. He served in a Republican White House, typically votes with the Court’s other Republicans, and even sometimes sides with President Donald Trump in major cases that divide the Republican Party.
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