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OCR: application. The new application of Batson would be extension of the rule which could not have been foreseen by the parties. Appli ication of the rule the present case would not further the interest of overcoming historic discrimination against women since the Petitioner this case alleges discri im ination against men Pure prospective application would not harm the Petitioner since remand for new trial will only postpone the inevitable conc lusion that the Petitioner 13 the father 2 T.B child. TB and the child, however would continue to suffer the deprivation support and thus, would be harmed by such retrial ARGUMENT THE EQUAL PROTECTION PRIN CIFLES SET OUT BATSON KENTU CKY ND ITS FROG 'ENY DO NOT PROHIBIT PEREMPTORY CHAL LENGES BASED UPON A PERSON'S GENDER In presenting this argument the ...