After Biden abolished the death penalty for 37 inmates, Trump promised to resume the practice when he returns to the White House in January, setting the stage for possible litigation early in the administration.
As President Joe Biden nears the end of his term, he commuted the sentences of 37 of 40 federal death row inmates, changing their punishment to life without parole. This move challenges President-elect Donald Trump’s plans to expand federal executions. Trump’s first term saw a surge in executions, breaking a 130-year precedent of pausing executions during presidential transitions, and he has vowed to resume them in his second term.
Biden’s decision, praised by human rights groups, was condemned by Republicans and some victim’s families, who argued it prioritized criminals over victims. The commutations affect only federal death row inmates, not those convicted by state courts.
Trump has pledged to expand the death penalty, including for crimes such as child rape and human trafficking, though his plans face legal hurdles. Expanding the death penalty would require Congressional action, and any changes to federal death penalty law could be challenged. Additionally, the lengthy appeals process means Trump may face delays in reinstating executions. However, experts warn that his rhetoric could influence state-level executions, as 27 states retain the death penalty.
