Does Lanier's systematic discrimination against African Americans violate Strauder v. West Virginia, 380 U.S. 202 (1965), and Foster v. Chatman?

QUESTION PRESENTED In Foster v. Chatman, 136 S. Ct. 1737 (2016), this Court held that Stephen Lanier, the district attorney for Floyd County, Georgia, had purposefully discriminated against African American prospective jurors by using peremptory challenges to exclude them from service on the basis of their race. In the proceedings below, Mr. Rogers presented newly-discovered evidence—sworn affidavit testimony by a sitting federal judge prompted to speak up by the Foster case—that Lanier had a stated policy of systematically excluding all African Americans from jury service in his capital cases during a period of time that produced death sentences for two men: Foster and Rogers. The question presented is this: Does Lanier’s systematic discrimination against African Americans violate Strauder v. West Virginia, 100 U.S. 303 (1880), Swain v. Alabama, 380 U.S. 202 (1965), and Foster? i