News / FJP Releases
Prosecutors, Former Federal Judge, and FJP File Amicus Brief Urging Supreme Court to Take Up Case To Address Racial Discrimination in Jury Selection
July 7, 2025 (Washington, D.C.) — A group of current and former elected prosecutors, a former federal judge, and Fair and Just Prosecution have filed an amicus brief urging the U.S. Supreme Court to grant review in Pitchford v. Mississippi, a case that raises critical concerns about racial discrimination in jury selection.
The brief argues that Batson v. Kentucky, the case outlawing racial discrimination in jury selection, must be vigorously enforced in order to fulfill its constitutional mandate. When it’s not, the defendant, the jurors who are illegally denied their right to serve on a jury because of their race, and the justice system all suffer. This is especially true in a capital case, like Mr. Pitchford’s. The amici urge the Court to grant Mr. Pritchard’s cert petition and reverse the Fifth Circuit’s decision denying Mr. Pitchford a new trial.
“Prosecutors are entrusted with seeking justice, not just convictions, and that duty demands rooting out bias in our courtrooms. When people of color are excluded from juries because of their race, it doesn’t just harm the defendant, it erodes public trust in our legal system,” said FJP Executive Director Aramis Ayala. “This brief calls on the Court to take seriously its role in guarding against racial discrimination and to ensure our justice system lives up to its constitutional promise of fairness and equality.”
Citing Supreme Court precedent and empirical research, the brief underscores the real-world consequences of underrepresentation on juries: shorter deliberations, fewer perspectives considered, and more frequent wrongful convictions. It also points to the deeply troubling record of the lead prosecutor in Mr. Pitchford’s case, Doug Evans—whose office was previously found by the Supreme Court to have engaged in racially discriminatory jury strikes in Flowers v. Mississippi.
The brief emphasizes the myriad harms of racial discrimination in jury selection and the racially-discriminatory history of the use of peremptory strikes, as well as different successful reforms implemented in various states and jurisdictions. The amici urge the Court to grant certiorari, reverse the Fifth Circuit’s opinion, and make clear that Batson challenges must be rigorously investigated—especially in cases involving capital punishment and prosecutors with a documented history of discrimination.