U.S. Supreme Court
Lower Court Opinion
1. Whether the Washington Supreme Court’s novel standard addressing implicit bias violates the Due Process Clause—by prohibiting counsel from presenting race-neutral, evidence-based arguments, in certain circumstances, while placing a burden on the non-moving party that is practically impossible to satisfy.
2. Whether the Washington Supreme Court’s novel standard addressing implicit bias violates the Equal Protection Clause—by unconstitutionally injecting racebased decisionmaking into the judicial process.
U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert and reverse Washington Supreme Court decision establishing effectively irrebuttable presumption of racial bias in trials involving litigants and witnesses of minority races
March 31, 2023
Click here to view the coalition amicus brief. Dan K. Webb, Linda T. Coberly, and Christopher D. Man of Winston & Strawn LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.