Supreme Court Issues Key Decisions on Jury Discrimination and Intellectual Disability Claims
The U.S. Supreme Court issued two significant decisions in May 2026 concerning jury discrimination and intellectual disability in capital cases. The court allowed Terry Pitchford’s jury discrimination claim to proceed, while dismissing an Alabama case to preserve a lower court’s finding that Joseph Clifton Smith has an intellectual disability and cannot be executed. Concurrently, the Court permitted the execution of Edward Busby in Texas, despite expert findings of his intellectual disability, a decision that prompted a searing dissent from several justices.