Thirty years after the United States Supreme Court decision in Batson v. Kentucky, countless misapplications of Batson have allowed the racially motivated use of peremptory challenges to plague our jury system. This notion is one that Justice Marshall’s forewarned us of in his concurring opinion in Batson, where he reasoned, “The decision today will not end the racial discrimination that peremptories inject into the jury selection process. That goal can be accomplished only by eliminating peremptory challenges entirely.” Although the United States Supreme Court’s finding in Foster v. Chatman that the State’s peremptory strikes of two black prospective jurors were racially motivated, this casenote discusses how the fact-specific majority opinion fails to expand the protections of Batson and furthers the insidious racism that peremptory strikes infect into the jury-selection process. The author concludes that we are left with no choice, as a government of law and not men, but to acknowledge Justice Marshall’s prophetic warnings in Batson, and remove peremptory strikes from our jury-selection process entirely.