Sotomayor, J., dissenting
The contrary judgment of the Fifth Circuit should be summarily reversed.
I
A
Thomas was charged with capital murder in 2005 for the killing of his estranged wife, their child, and his wife’s child from a previous relationship. The facts of Thomas’ offense were gruesome: Thomas attempted to remove the victims’ hearts because he believed that would “set them free from evil.” See 995 F. 3d 432, 438 (CA5 2021) (internal quotation marks omitted). Thomas also stabbed himself during the course of his offense; later that day, he turned himself in and confessed. Id., at 438–439. While Thomas was incarcerated awaiting trial, he removed one of his own eyeballs; years later, he removed the other one. Id., at 439. Thomas pleaded not guilty by reason of insanity, and while the State agreed that Thomas was psychotic at the time of his offense, it prevailed in arguing that “his psychosis was voluntarily induced just before the killings through ingestion of … cough medicine.” Ibid.
Because of the interracial nature of Thomas’ offense, his counsel[1] and the State questioned prospective jurors about their attitudes toward interracial marriage and procreation. Prospective jurors were required to answer a written questionnaire that asked:
“105. The Defendant in this case, Andre Thomas, and his ex-wife, Laura Boren Thomas, are of different racial backgrounds. Which of the following best reflects your feelings or opinions about people of different racial backgrounds marrying and/or having children:
(__) I vigorously oppose people of different racial
- ↑ At trial, Thomas was represented by two attorneys: a lead counsel and a second chair. References to counsel are in the singular, except where noted, because only one attorney conducted voir dire at a time.
