President Donald Trump set off a whirlwind of executive orders when he assumed office. While it was clear that some of these orders would eventually land in the lap of the U.S. Supreme Court, few anticipated that one of them would challenge the Supreme Court in such a direct manner.
This seems to be unfolding with Trump’s directive on reinstating the federal death penalty. He instructed his attorney general to “seek the overruling of Supreme Court precedents” that restrict the use of capital punishment, as reported by MSNBC.
Trump did not specify which precedents he was targeting, but the report noted that the Supreme Court has previously deemed capital punishment unconstitutional for juveniles, the mentally disabled, and violent crimes other than murder. On his first day in office, President Trump signed an executive order titled “Restoring the Death Penalty and Protecting Public Safety.”
This order aimed to reinstate capital punishment at the federal level as a deterrent and a means of punishment, particularly for “heinous crimes” and “lethal violence,” thus ending the moratorium on federal executions put in place by former President Joe Biden in 2021.
The order was explicit in its intent: “It is the policy of the United States to ensure that the laws that authorize capital punishment are respected and faithfully implemented…”
Trump directed his attorney general to pursue the death penalty in cases involving the murder of law enforcement officers or murders committed by illegal immigrants. He also encouraged states to seek death sentences where applicable and to ensure they had the necessary resources to carry out such executions.
The part of Trump’s order that drew attention from MSNBC’s left-leaning legal analysts was its potential collision course with the Supreme Court, which might eventually have to rule on the constitutionality of the executive action. Section 5 of the order stated: “The Attorney General shall take all appropriate action to seek the overruling of Supreme Court precedents that limit the authority of State and Federal governments to impose capital punishment.”
It is worth noting that many of the justices who opposed the death penalty in past rulings are no longer on the bench. The current court, with its 6-3 conservative majority, has generally leaned toward denying appeals from death row inmates.
However, the Supreme Court can be unpredictable, and it remains uncertain how it might rule on specific cases. Some court-imposed limitations, such as those for juveniles and the mentally disabled, seem unlikely to be overturned.
In his executive order on the death penalty, President Trump also took a strong stance against his predecessor, former President Biden. Trump’s order criticized Biden for commuting the death sentences of “37 of the 40 most vile and sadistic rapists, child molesters, and murderers on Federal death row.” These included individuals who committed heinous acts such as brutalizing young children and murdering strangers for sport.
The Associated Press reported in December that Biden, while halting all federal executions during his tenure, commuted the death sentences of nearly all federal death row inmates, sentencing them instead to life without parole.
Biden justified his decision by stating, “In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
In response, Trump’s order instructed: “The Attorney General shall evaluate the places of imprisonment and conditions of confinement for each of the 37 murderers whose Federal death sentences were commuted by President Biden…”
Trump emphasized that these offenders should be imprisoned in conditions reflecting the severity of their crimes and the threats they pose.
Additionally, Trump’s order directed the Attorney General to determine whether these offenders could face state capital charges and to recommend appropriate actions to state and local authorities. This move underscores Trump’s commitment to ensuring that justice is served and that the most serious offenders face the full weight of the law.
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