NewsUnited States Supreme Court "After a prosecutor asserts race-neutral reasons for a peremptory strike, the defense counsel must at least have an opportunity to argue that the asserted race-neutral reasons were not the actual reasons—that is, the reasons were pretextual," Justice Brett Kavanaugh wrote for the 5-4 majority. 4 minute read May 28, 2026 at 03:09 PM Supreme Court justices Brett Kavanaugh, left, and Neil Gorsuch, right. Photos: Diego M.