The Justice Department announced it has proposed a new regulation aimed at helping states speed up the federal appeals process in capital cases, a move Attorney General Pam Bondi said advances the Trump administration’s goal of reinvigorating the death penalty.
The proposed rule, published in the Federal Register on March 16, targets a longstanding bottleneck in the post-conviction review of state death penalty cases. Under Chapter 154 of Title 28 of the U.S. Code, Congress created an accelerated process for federal habeas corpus review of state capital convictions — a streamlined alternative to the years-long review that such cases typically endure through the federal courts. That expedited process is available to states that the attorney general certifies as having established qualifying post-conviction capital counsel systems, including standards for the appointment, compensation and funding of competent legal representation for death row inmates.
The problem, the Justice Department said, is that since the law was enacted in 1996 and amended in 2006, not a single state has successfully obtained that certification. The department acknowledged that prior administrations had imposed additional and heightened barriers that effectively prevented states from qualifying, rendering the streamlining mechanism a dead letter.
The proposed rule would eliminate those extra certification obstacles and make approval decisions permanent rather than subject to a five-year renewal — a change the department said should encourage more states to apply. Together, the reforms are intended to cut years off the time between conviction and execution in state capital cases.
“This proposed rule will help states achieve the promise of swift and effective justice for victims of capital crimes,” Bondi said in the department’s announcement. She added that the rulemaking reflects the department’s commitment to restoring capital punishment as the ultimate sanction for the most serious offenders.
The action is tied directly to a Jan. 20 executive order signed by President Trump directing federal agencies to ensure that laws authorizing capital punishment are respected and faithfully implemented. It also follows a February memorandum from Bondi lifting the moratorium on federal executions and pledging to assist states in prosecuting capital crimes and carrying out death sentences.
The public comment period is now open, with the Justice Department inviting written data, views and arguments on all aspects of the proposed rule through the methods outlined in the Federal Register notice.
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