Skip to main content

U.S. Supreme Court won’t hear challenge to new federal death penalty procedure

The Supreme Court will not consider a challenge to new federal death penalty protocols proposed by the Justice Department, which could clear the way for the government to resume executions as early as July for the first time since 2003.

The court, without comment, declined Monday to take up the lawsuit filed by four death row inmates. As is customary, it gave no reason. Justices Ruth Bader Ginsburg and Sonia Sotomayor indicated that they would have accepted the case.

Although this decision removes a significant barrier to resuming federal executions, it does not mean they will automatically proceed as scheduled. The individual inmates facing execution could file additional challenges, which could affect whether and when these sentences are carried out.


The Justice Department said Monday that the court’s decision would allow the executions to proceed unless a lower court blocks them on other grounds. But given the Supreme Court’s move, the department expects that it would wind up with the same result, said Kerri Kupec, a spokeswoman.

An attorney for one of the inmates assailed the Justice Department for its push to execute the four men, linking the move to the ongoing protests nationwide against police violence and racial injustice.

“Even as people across the country are demanding that leaders rethink crime, punishment and justice, the government is barreling ahead with its plans to carry out the first federal executions in 17 years,” Ruth Friedman, the attorney, said in a statement after the court’s decision was released.

“Given the unfairness built into the federal death penalty system and the many unanswered questions about both the cases of the men scheduled to die and the government’s new execution protocol, there must be appropriate court review before the government can proceed with any execution,” said Friedman, who represents Daniel Lee, the first inmate facing execution.


Attorney General William P. Barr had announced last summer that the department planned to resume executions using a new lethal-injection procedure that involves a single drug, pentobarbital. After the original timetable was scuttled by challenges to the new lethal injection procedures, the Justice Department laid out a new schedule, announcing plans to carry out three executions in July and a fourth in August. All involve inmates convicted of murdering children.

Lawyers for the death row inmates had challenged the new procedures. A district judge said the government’s new protocol was inconsistent with the Federal Death Penalty Act, a 1994 law requiring that federal executions be carried out “in the manner prescribed by the law of the state in which the sentence is imposed.”

A panel of the U.S. Court of Appeals for the D.C. Circuit in the spring ruled 2 to 1 that the executions could move forward.

Two judges — Gregory Katsas and Neomi Rao, both recent nominees of President Trump — lifted the district judge’s injunction. But the two disagreed on the legal reasoning.

Katsas concluded that the law applies only to the top-line choice among execution methods, such as whether to use lethal injection instead of hanging or electrocution.

Rao, meanwhile, found that the law also requires the federal government to follow execution procedures set forth in state law, but not procedures set forth in less formal state execution protocols.

Judge David Tatel, nominated by President Bill Clinton, dissented. He wrote that for decades almost all federal executions were carried out by state officials who executed federal prisoners in the same “manner” as they executed their own.


Congress subsequently “signaled its intent to continue the same system — for federal executions to be carried out in the same manner as state executions,” Tatel wrote.

Washington lawyer Catherine Stetson, representing the four inmates, said in a brief to the Supreme Court that such a splintered decision deserved the justices’ attention.

“In permitting the government to proceed, the panel majority flouted [Supreme Court] precedent and upended key principles of administrative law rooted in the separation of powers,” Stetson wrote, adding that the lower court’s decision “raises more questions than it resolves about how to conduct federal executions.”

Solicitor General Noel Francisco said that the lawsuit against the resumption of federal executions was simply a delay tactic, and that there was no argument that the proposed federal protocol was unsafe.

He said the court should resist the request to review the lower court when “the ultimate outcome of the case is clear.”

Source: The Washington Post, Robert Barnes and Mark Berman, June 29, 2020


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.