News / FJP Releases
FJP, LEAP, and Other Law Enforcement Leaders File Supreme Court Amicus Brief Urging Strong Enforcement of Constitutional Protections Against Racial Discrimination in Jury Selection
February 4, 2026 (Washington, D.C.) — Fair and Just Prosecution (FJP), joined by the Law Enforcement Action Partnership (LEAP), current and former prosecutors, law enforcement officials, and former judges, filed an amicus brief in Pitchford v. Cain, a case the United States Supreme Court will hear this term addressing racial discrimination in jury selection and the enforcement of Batson v. Kentucky.
The brief urges the Court to correct a failure by Mississippi courts to enforce Batson v. Kentucky, the landmark decision prohibiting racial discrimination in jury selection. The brief explains that courts cannot declare a constitutional claim “waived” if a defendant lacked a fair opportunity to present it. Allowing state courts to insulate discriminatory jury strikes from judicial review represents an extreme malfunction of the criminal justice system that federal courts must step in to correct.
“Prosecutors carry a unique responsibility to uphold the Constitution and ensure justice is administered fairly,” said FJP Executive Director Aramis Ayala. “Racial discrimination in jury selection violates that duty. It undermines fair trials, excludes citizens from civic participation, and erodes public trust. When communities believe the system is rigged, victims and witnesses disengage, accountability breaks down, and public safety suffers.”
Prosecutors wield extraordinary discretion and influence over justice system outcomes, and with that power comes a duty to act with fairness, integrity, and respect for constitutional rights. The brief reflects FJP’s commitment to demanding accountability when those obligations are not met and to ensuring that courts rigorously enforce constitutional protections. Fair and inclusive juries strengthen verdict legitimacy and reinforce trust in courts and prosecutors.
“As law enforcement professionals, we take an oath to uphold the Constitution and the integrity of the justice system, not to cut corners or ‘win’ at any cost,” said Lieutenant Diane Goldstein (Ret.), Executive Director of the Law Enforcement Action Partnership. “When prosecutors exploit racial bias in jury selection, as alleged in Pitchford v. Cain, the harm extends far beyond a single defendant or case. These violations undermine public confidence in verdicts everywhere and damage the legitimacy of the entire system we rely on to keep communities safe. Policing and prosecution only work when the public trusts that outcomes are fair, lawful, and free from discrimination. This case presents a critical opportunity for the Court to reaffirm that there is no path to justice through shortcuts or gamesmanship.”
The amicus brief was filed in support of Mr. Pitchford’s merits briefing and was signed by FJP, LEAP, and 40 additional amici.
Read the full amicus brief here.
Background
In Mr. Pitchford’s case, the prosecutor struck four of five Black prospective jurors. Although Mr. Pitchford’s counsel raised a Batson objection, the trial court overruled the objection without allowing his defense counsel to rebut the prosecutor’s proffered race-neutral explanations for the strikes. He was later convicted and sentenced to death. The Supreme Court has agreed to review whether Mississippi courts improperly limited his ability to fully present his Batson claim, which may have significant implications for how courts nationwide enforce protections against discriminatory jury selection.
There is also a deeply troubling record involving the prosecutor in Mr. Pitchford’s case, Doug Evans, who was previously found by the Supreme Court in Flowers v. Mississippi to have engaged in racial discrimination during jury selection.