“Trump’s executive order not only will revive capital punishment at the federal level, but attempt to expand the death penalty by directly supplying drugs to states and overturning Supreme Court precedents limiting the death penalty to crimes involving murder.
The executive order instructs the attorney general to “take all necessary and lawful action to ensure that each state that allows capital punishment has a sufficient supply of drugs needed to carry out lethal injection.”
The death penalty has been in long-term decline nationally due to unrelenting legal challenges, governor-imposed moratoriums, and difficulties acquiring the drugs used in lethal injections.
Where the death penalty remains active, states have turned to extreme secrecy and novel methods to keep it going. They’ve passed new laws hiding their supply chains and methods, barred witnesses from execution chambers, imported drugs from shady overseas pharmacies, and paid cash to avoid paper trails. Despite all this, states haven’t been able to hide numerous botched executions that resulted.
In 2023 Democratic Arizona Gov. Katie Hobbs paused executions in the state and hired a former federal magistrate judge to investigate its death penalty practices. However, Hobbs fired the investigator before he could release his report after he concluded that the sloppy injection protocols were not a viable method of execution. Arizona’s supply of lethal injection drugs is currently sitting in unmarked jars and are possibly expired.”