Campbell v. Louisiana, 523 U.S. 392, 14 (1998)

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Cite as: 523 U. S. 392 (1998)

Opinion of Thomas, J.

could not satisfy even the first element of standing--injury in fact. Id., at 426-429. The defendant, though certainly displeased with his conviction, failed to demonstrate that the alleged discriminatory use of peremptory challenges against veniremen of another race had any effect on the outcome of his trial. The Court instead found that the defendant had suffered a "cognizable" injury because racial discrimination in jury selection " 'casts doubt on the integrity of the judicial process' " and "invites cynicism respecting the jury's neutrality and its obligation to adhere to the law." Id., at 411-412. But the severity of an alleged wrong and a perception of unfairness do not constitute injury in fact. Indeed, " '[i]n-jury in perception' would seem to be the very antithesis of 'injury in fact.' " Id., at 427 (Scalia, J., dissenting). Furthermore, there is no reason why a violation of a third party's right to serve on a jury should be grounds for reversal when other violations of third-party rights, such as obtaining evidence against the defendant in violation of another person's Fourth or Fifth Amendment rights, are not. Id., at 429 (Scalia, J., dissenting).

Powers further rested on an alleged "close relation[ship]" that arises between a defendant and veniremen because voir dire permits them "to establish a relation, if not a bond of trust," that continues throughout the trial. Id., at 411, 413. According to the Court, excluded veniremen share the accused's interest in eliminating racial discrimination because a peremptory strike inflicts upon a venireman a "profound personal humiliation heightened by its public character." Id., at 413-414. But there was simply no basis for the Court's finding of a "close relation[ship]" or "common interest," id., at 413, between black veniremen and white defendants. Regardless of whether black veniremen wish to serve on a particular jury, they do not share the white defendant's interest in obtaining a reversal of his conviction. Surely a black venireman would be dismayed to learn that a white

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