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Supreme Court decisions
No. 24-7351May 28, 2026Crime and Law EnforcementReversed

The question

Whether the Mississippi Supreme Court unreasonably applied Batson v. Kentucky when it held that Pitchford waived his opportunity to rebut the prosecutor's asserted race-neutral reasons for striking four black prospective jurors.

Pitchford v. Cain

What the Court decided

The Court held that the Mississippi Supreme Court unreasonably applied the clearly established Batson precedents and unreasonably found that Pitchford waived his chance to rebut the prosecutor's stated race-neutral reasons for striking four black jurors. The trial court omitted Batson's third step by never giving Pitchford's counsel a sufficient opportunity to argue pretext and never deciding whether the reasons were pretextual. Counsel did not waive the argument, and the trial court had explicitly assured counsel that the objection was preserved.

How the justices split

5-4
In favor 5Against 4
Kavanaugh
Roberts
Sotomayor
Kagan
Jackson
Gorsuch
Thomas
Alito
Barrett

The Court's opinion

Kavanaugh, joined by Roberts, Sotomayor, Kagan, Jackson

The trial court omitted Batson's third step by failing to give Pitchford's counsel a sufficient opportunity to rebut the prosecutor's proffered race-neutral reasons and never deciding whether those reasons were pretextual. Counsel did not waive the argument, because counsel objected again to the explanations and the trial court explicitly assured counsel that the objection was preserved. The Mississippi Supreme Court therefore unreasonably applied the clearly established Batson precedents.

Dissenting

Gorsuch, joined by Thomas, Alito, Barrett

Gorsuch filed a dissenting opinion, joined by Thomas, Alito, and Barrett. The syllabus text provided does not state the dissent's reasoning.

How we know · 5 sourced claims
  • The Court held that the Mississippi Supreme Court unreasonably applied the clearly established Batson precedents regarding the peremptory strikes of four black prospective jurors.

    Source: syllabus, Held

  • The trial court omitted Batson's third step by not affording Pitchford's counsel a sufficient opportunity to rebut the prosecutor's proffered race-neutral reasons and never determining whether those reasons were pretextual.

    Source: syllabus, Held

  • The trial court explicitly assured Pitchford's counsel that the Batson objection was preserved, stating the objections were already made and clear in the record.

    Source: syllabus, Held

  • Kavanaugh delivered the opinion of the Court, joined by Roberts, Sotomayor, Kagan, and Jackson.

    Source: syllabus, lineup

  • Gorsuch filed a dissenting opinion, joined by Thomas, Alito, and Barrett.

    Source: syllabus, lineup

Read the opinion on supremecourt.gov