With only weeks left in his presidency, President Joe Biden has commuted the sentences of 37 out of 40 federal death row inmates, replacing the death penalty with life imprisonment without parole. This sweeping decision aligns with Biden’s longstanding opposition to the death penalty and aims to prevent federal executions in the future.
Three high-profile inmates remain on federal death row: Boston Marathon bomber Dzhokhar Tsarnaev, Pittsburgh synagogue shooter Robert Bowers, and Charleston church shooter Dylann Roof. Biden’s decision to spare the others drew widespread praise from human rights organizations, including Amnesty International, which described it as a significant step toward criminal justice reform.
However, Biden’s move has ignited fierce criticism from Republican lawmakers and victims’ families, who view the decision as prioritizing the rights of convicted criminals over justice for victims. Critics argue that Biden’s actions disregard the severity of the crimes and the pain endured by victims’ loved ones.
Republican Backlash: “A Slap in the Face”
Prominent Republicans quickly denounced Biden’s commutations as a betrayal of law-abiding citizens. Texas Republican Chip Roy called the decision “unconscionable,” while Arkansas Senator Tom Cotton accused Biden of choosing criminals over the safety of American families.
Heather Turner, whose mother was murdered during a 2017 bank robbery, expressed outrage on social media, labeling the commutations a “gross abuse of power” and a betrayal of victims’ families. Meanwhile, Trump’s communications director, Steven Cheung, stated that the decision undermines the rule of law and vowed that justice would be restored under Trump’s leadership.
The president’s commutations do not affect the approximately 2,200 death row inmates convicted by state courts, over which federal jurisdiction does not apply. Nonetheless, Biden’s action has amplified the national debate over the death penalty and set the stage for further legal and political clashes.
Trump’s Vision: Expanding the Death Penalty
President-elect Donald Trump has vowed to reinstate federal executions upon assuming office in January and has proposed broadening the scope of crimes eligible for capital punishment. During his campaign, Trump advocated for the death penalty for drug traffickers, human traffickers, and individuals convicted of child rape, even in cases where no deaths occurred.
Trump’s push for expanded executions reflects his tough-on-crime platform, which he argues is essential to deterring heinous crimes. However, his proposals face significant legal hurdles. For example, a 2008 Supreme Court ruling prohibits the death penalty for non-homicidal crimes like child rape. Any legislative changes to expand capital punishment would require Congressional approval.
Human rights groups have strongly condemned Trump’s proposals, warning that they could lead to miscarriages of justice and exacerbate systemic flaws in the criminal justice system.
Legal and Practical Challenges for Trump over Reversal of Biden’s Administration Criminal Justice Reform
While Trump has promised to reverse Biden’s criminal justice reforms, he cannot legally undo the commutations granted by Biden. Furthermore, his broader plans to expand the death penalty face significant barriers.
Federal death penalty cases are notoriously complex and time-consuming, often taking years to resolve due to lengthy appeals processes. Additionally, Trump’s proposals would likely face legal challenges that could delay or derail their implementation. Experts also warn that Trump’s rhetoric could influence state policies, potentially leading to more executions at the state level.
Efforts to expand the federal death penalty have already faced resistance in Congress. Two bills introduced in 2024 by Trump ally Anna Paulina Luna sought to broaden the use of capital punishment but failed to pass in the House of Representatives.
A Nation Divided: The Future of Federal Executions
The death penalty remains a contentious issue in the United States. A recent Gallup poll shows that 53% of Americans support the death penalty for convicted murderers, a slight increase from 50% in 2023. This divide underscores the challenges Biden and Trump face as they navigate public opinion and legal frameworks.
As Biden concludes his presidency with a decisive stance against the death penalty, Trump prepares to reignite the federal execution program. The stark contrast between their approaches reflects broader divisions in American society over justice, punishment, and human rights.
The stage is set for a new chapter in the debate over capital punishment, with Biden’s reforms and Trump’s plans likely to shape the future of the federal death penalty for years to come.
