Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

mahatmakanejeeves

(62,374 posts)
Thu Jan 23, 2025, 10:15 AM Thursday

Trump's Death Penalty Order Is a Message to the Supreme Court

Trump’s Death Penalty Order Is a Message to the Supreme Court
The president is directing the Justice Department to overrule the Supreme Court in cases where the justices have found capital punishment is unconstitutional.

January 23, 2025 at 6:30 AM EST
By Barbara L McQuade
Barbara McQuade is a professor at the University of Michigan Law school, a former US attorney and author of Attack from Within: How Disinformation Is Sabotaging America.


Back with a vengeance. Photographer: Anna Moneymaker/Getty Images

The death penalty is back in the new Trump administration, and its use will be more aggressive than ever. ... Among the flurry of executive orders President Donald Trump issued Monday was one called “Restoring the Death Penalty and Protecting Public Safety.” Regardless of your opinion of capital punishment, parts of this order raise concern about this administration’s view of the rule of law.

Former President Joe Biden and his Justice Department issued a moratorium on federal executions shortly after he became president in 2021. Last month, in one of his final acts before leaving office, Biden commuted the sentences of 37 of the 40 people on federal death row, converting their punishments to life imprisonment without possibility of parole.

Trump’s order makes clear that he supports vigorous enforcement of the death penalty, calling it “the ultimate deterrent and only proper punishment for the vilest crimes.” Only certain serious crimes carry the federal death penalty, and the order directs the attorney general to “pursue the death penalty for all crimes of a severity demanding its use.” Certainly, some Americans will disagree with this view, but as chief executive, Trump, whose administration carried out 13 executions during his first term, gets to make this call.

But two sections of the order give me pause. First, the order contains a section entitled: “Seeking The Overruling of Supreme Court Precedents That Hinder Capital Punishment.” The section states, “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.” In other words, Trump is directing the Justice Department to overrule the Supreme Court in cases where the court has determined the death penalty violates the Eighth Amendment’s prohibition on “cruel and unusual punishment.” ... The Supreme Court has found the death penalty is unconstitutional in cases for crimes other than homicide or where the defendant is under 18, mentally disabled, or legally insane. Trump’s executive order seems to suggest that prosecutors should seek the death penalty in such cases anyway, even for defendants who cannot appreciate the seriousness of their crimes.

{snip}

This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.

Barbara L McQuade Barbara McQuade is a professor at the University of Michigan Law school, a former US attorney and author of Attack from Within: How Disinformation Is Sabotaging America.
https://x.com/BarbMcQuade
14 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

2naSalit

(94,642 posts)
3. A serious bloodlust...
Thu Jan 23, 2025, 10:23 AM
Thursday

And general gawd complex. He thinks he is becoming omnipotent.

atreides1

(16,476 posts)
7. He won't be killing anyone
Thu Jan 23, 2025, 10:27 AM
Thursday

His minions will be doing all of the killing, from the US Injustice Department to the military. That way he can say that he never killed anyone...

bucolic_frolic

(48,219 posts)
2. Contrast to 1500 pardons
Thu Jan 23, 2025, 10:20 AM
Thursday

People died that day, and police officers died as a result of that day. Soft on crime.

OLDMDDEM

(2,211 posts)
4. I was thinking the same thing. He wants the death penalty for violent criminals, yet he pardons violent criminals.
Thu Jan 23, 2025, 10:24 AM
Thursday

rampartd

(1,308 posts)
5. not so much "over rule the supreme court"
Thu Jan 23, 2025, 10:25 AM
Thursday

i read it as bring cases to allow trump's pet supreme court to revisit previous case law.

we release/retry so many innocent men on louisiana death row that this policy is certain to miscarry justice.

FarPoint

(13,787 posts)
11. I don't think we should fight his orders....
Thu Jan 23, 2025, 10:41 AM
Thursday

I think he will eventually anger his base when things hit close to home...and hopefully they turn on him...solving our problem ....I see no reason to prolong our suffering....We will suffer regardless.... Let's let the spiral down the drain just happen...

Latest Discussions»Issue Forums»Civil Liberties»Trump's Death Penalty Ord...