In Swain v. Alabama (1965) 380 U.S. 202, the court held the prosecution's use of its peremptory challenges to remove African-Americans from a criminal jury was not a violation of equal protection. It said a showing that all African-Americans were removed from the jury is not enough to overcome the presumption the prosecution used its peremptory challenges for a proper purpose. ( Id. at p. 222.) "To subject the prosecutor's challenge in any particular case to the demands and traditional standards of the Equal Protection Clause would entail a radical change in the nature and operation of the challenge. The challenge, pro tanto, would no longer be peremptory, each and every challenge being open to examination, either at the time of the challenge or at a hearing afterwards. The prosecutor's judgment underlying each challenge would be subject to scrutiny for reasonableness and sincerity. And a great many uses of the challenge would be banned." ( Id. at pp. 221-222.) The court went on to say, however, that an African-American defendant could make out a prima facie case of purposeful discrimination upon proof the prosecution had used its peremptory challenges to systematically remove potential jurors of the same race in case after case. ( Id. at pp. 223-224.)