Overview
The federal death penalty applies in all 50 states and U.S. territories but is used relatively rarely. President Biden commuted the federal death sentences of 37 men on December 23, 2024, leaving just 3 prisoners on the federal death row. Sixteen federal executions have been carried out in the modern era, all by lethal injection, with 13 occurring in a six-month period between July 2020 and January 2021.
The federal death penalty was held unconstitutional following the Supreme Court’s opinion of Furman v. Georgia in 1972. Unlike the quick restoration of the death penalty in most states, the federal death penalty was not reinstated until 1988, and then only for a very narrow class of offenses. The Federal Death Penalty Act of 1994 greatly expanded the number of eligible offenses to about 60.
The use of the federal death penalty in jurisdictions that have themselves opted not to have capital punishment — such as Washington, D.C., Puerto Rico, and many states — has raised particular concerns about federal overreach into state matters.
News & Developments
News
Feb 12, 2026
Federal Judge Rebukes DOJ and Blocks Transfer of Former Federally Death-Sentenced Prisoners to Supermax Prison
In an order dated February 11, 2026, U.S. District Court Judge Timothy J. Kelly issued a preliminary injunction temporarily blocking the federal government from transferring many former federally death-sentenced prisoners to the notorious Administrative Maximum Facility in Florence, Colorado, known as“ADX.” Judge Kelly found it“likely” that the government violated the prisoners’ Fifth Amendment due process rights when it deprived them of a“meaningful…
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Feb 10, 2026
Federal Government Says It Will Transfer Former Federal Death-Sentenced Prisoners to Supermax Prison Within Weeks
The federal government says it plans to transfer“almost all” former federal death row prisoners whose sentences were commuted by President Biden to the nation’s most notorious and restrictive prison within the next several weeks, according to a court filing dated February 4, 2026. In a two-page notice filed in the U.S. District Court for the District of Columbia, the Justice Department informed Judge Timothy J. Kelly that the Bureau of Prisons (BOP) intends to move…
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Feb 05, 2026
New Analysis: Why the Death Penalty is Off the Table for Luigi Mangione
On January 30, a federal judge ruled that Luigi Mangione cannot face the death penalty in his upcoming trial for the murder of UnitedHealthcare CEO Brian Thompson. She dismissed two counts from his federal indictment, one of which carried the death penalty as a potential sentence. Described by The New York Times as“a significant blow to the Trump administration’s efforts to revive the use of the death penalty in federal cases,” this decision invalidates a…
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News
Oct 23, 2025
Federal Judiciary Budget Crisis and Government Shutdown Ends Funding for Indigent Defendants, Raising Serious Constitutional Concerns
On October 17, 2025, the federal judiciary announced that starting on October 20, the branch would no longer have the funds needed to“sustain full, paid operations.” This latest development is a direct result of the federal government shutdown that began on October 1. Until funding is restored, federal judges will continue their bench duties, but court staff may only perform“activities” necessary for constitutional functions — all without pay. The current…
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May 07, 2025
Victims’ Families Remain Divided on Federal Death Penalty
Recent attention on the federal death penalty is highlighting the diverse opinions of victims’ families who have lost loved ones to violence. Like Americans from all walks of life, victims’ families hold a diverse set of views on capital punishment, shaped by their individual faith, political views, and personal reaction to being impacted by crime. Some support the death penalty, and others oppose it. Some victims’ family members are part of organizations…
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