Judge Callahan did not rule that excluding people by race was constitutional, only that the defendant had not proven that African-Americans had been deliberately excluded. By letting Leibowitz go on record on this issue, Judge Callahan provided grounds for the case to be appealed to the U.S. Supreme Court for a second time. It was the basis for the court's finding in "Norris v. Alabama" (1935), that exclusion of African-American grand jurors had occurred, violating the due process clause of the Constitution.