The U.S. Supreme Court on Monday granted review in a Colorado case involving racial bias among jurors in a criminal trial—one of only three new cases the court has agreed to take up since the death of Justice Antonin Scalia Feb. 13.

At issue in Pena Rodriguez v. Colorado is whether testimony about juror bias can be introduced to prove a violation of the constitutional right to an impartial jury, when in most states juror comments cannot be challenged.