The Supreme Court has not held that disabilities are a suspect classification and therefore are protected by Batson. See: Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985) (holding the mentally retarded are not a suspect class), and Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001) (holding classifications on disabilities are subject to rational basis review).

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