Supreme Court Strikes Down Racial Bias in Mississippi Jury Selection
Supreme Court ruled 5-4 for Terry Pitchford against racial jury bias in Mississippi.
Why it matters: The ruling tackles racial discrimination in jury selection, affecting death penalty cases nationwide. It sets a vital precedent for defense lawyers and civil rights advocates focused on fair trials.
- Supreme Court ruled 5-4 on May 28, 2026, favoring Terry Pitchford, a Black death row inmate from Mississippi.
- Prosecutor Doug Evans removed four Black potential jurors; the final jury had 11 white and one Black juror.
- Justice Brett Kavanaugh wrote the majority opinion, joined by Chief Justice Roberts and three liberal justices.
- Ruling may grant Pitchford a new trial and echoes 2019 Curtis Flowers case overturn related to similar jury discrimination.
On May 28, 2026, the U.S. Supreme Court delivered a narrow 5-4 decision in Terry Pitchford v. Mississippi, underscoring the Court's stance against racial bias in jury selection. Pitchford, a Black inmate on death row, was convicted of involvement in a fatal 1990 robbery and sentenced by a jury overwhelmingly composed of white members, after prosecutor Doug Evans struck four Black potential jurors from the pool.
Justice Brett Kavanaugh penned the majority opinion, criticizing the jury selection process for breaking down due to "confusion, oversight, an overly hurried jury selection process, or some other cause." Chief Justice John Roberts and three liberal justices joined him, signaling a rare coalition emphasizing racial fairness.
Pitchford's attorney, Joseph Perkovich, welcomed the ruling, stating, "Mr. Pitchford is now entitled to a fair trial in the..." proceedings. This comes after a 2023 federal district court judge overturned Pitchford's conviction citing improper juror dismissals, but the Fifth Circuit had reversed that decision.
The ruling draws on precedents like the 2019 case of Curtis Flowers, also in Mississippi, where the Court overturned a conviction due to similar patterns of racial discrimination by the same prosecutor, Doug Evans. Flowers' case exposed systemic issues in the state's jury selection practices, with Mississippi's Black population around 37% often underrepresented in juries.
Justice Neil Gorsuch dissented, opposing the majority’s intervention, arguing the state court's ruling was not unreasonable. The Supreme Court's decision effectively paves the way for Pitchford's retrial, potentially reshaping criminal justice procedures nationwide by reinforcing constitutional protections against racially biased jury selection.
By the numbers:
- 5-4 — Supreme Court ruling margin in favor of Terry Pitchford
- 11 white jurors, 1 Black juror — composition of Pitchford's original trial jury
- 4 — Black potential jurors removed by prosecutor Doug Evans
Yes, but: Justice Gorsuch dissented, emphasizing deference to the Mississippi court's original ruling as not unreasonable.
What's next: Pitchford is likely to receive a new trial following the Supreme Court's ruling, though exact timelines have not been announced.