Boston Marathon Bomber’s Life Could Be Put In Biden’s Hands As Court Reconsiders Death Penalty

The Supreme Court on Monday agreed to take up the case of the Boston Marathon bomber, potentially reversing a decision to spare him from the death penalty. The Biden administration has continued to push the Trump-era appeal despite the president ostensibly opposing capital punishment, CNN reports.

Dzhokhar Tsarnaev was found guilty of all 30 counts against him. An appeals court upheld his conviction but threw out his sentence in July, saying the lower courts had not worked hard enough to ensure the jury was unbiased.

The Trump administration quickly appealed the reprieve to the Supreme Court. While President Joe Biden’s Justice Department has dropped a number of prominent cases, it has allowed Tzarnaev’s case to proceed forward.

The decision might seem at odds with Biden’s expressed opposition to the death penalty. He has pledged to seek an end to capital punishment.

Legal experts suggest there could be other motives for pursuing the appeal. Steve Vladeck, a professor at the University of Texas School of Law, says the Justice Department could be aiming to create a concrete standard for jury selection.

"It may be that the legal issue, about just how carefully district courts in capital cases have to screen prospective jurors, is one that the current Justice Department wants the justices to clarify even if it has no intention of carrying out a potential death sentence down the road," Vladeck told CNN.

Even if the Supreme Court reinstates Tzarnaev's death sentence, it's up to the Biden administration to actually schedule the execution. It would be well within their rights to simply decline to do so.

Tsarnaev’s defense admitted he set off the two bombs that rocked 2013’s Boston Marathon but argued his brother, Tamerlan Tsarnaev, was the leader of the pair. He was killed when Tsarnaev ran him over during their escape attempt.