Supreme Court rules 8-1 in United States v. Armstrong, setting a high bar for selective-prosecution claims

The Supreme Court ruled 8-1 in United States v. Armstrong on May 13, 1996, holding that defendants claiming selective prosecution must show both that similarly situated people of other races were not prosecuted and that the prosecution was motivated by discriminatory intent. Chief Justice Rehnquist's majority reversed a Ninth Circuit order compelling production of prosecutorial records, finding defendants had not met the discovery threshold. The two-prong Armstrong standard became the controlling test for selective prosecution claims in every federal circuit.