Washington, D.C. — The U.S. Department of Justice, led by Attorney General Pamela Bondi, announced a proposed rule this week that would allow states to significantly accelerate federal review of death penalty cases.
The rule targets the federal habeas corpus process, a legal mechanism through which individuals sentenced to death can challenge their convictions in federal court. Under existing law, these appeals can take years or even decades to resolve.
The proposed changes focus on provisions outlined in Chapter 154 of Title 28 of the U.S. Code, which were designed to create an expedited review pathway for states that meet specific standards for providing qualified legal counsel to death row inmates during post-conviction proceedings.
According to the Justice Department, no state has successfully utilized these expedited procedures since they were enacted in 1996 and revised in 2006. Officials attribute that in part to administrative barriers imposed during prior rulemaking, which made certification difficult to obtain.
The new proposal would remove or reduce those barriers, allowing more states to qualify for accelerated review. It would also make certifications permanent rather than subject to renewal every five years, a shift intended to encourage broader participation.
“This proposed rule will help states achieve the promise of swift and effective justice for victims of capital crimes,” Bondi said in a statement, adding that the department is working to restore the use of capital punishment “as the ultimate punishment for the worst criminals in America.”
The rule aligns with a January 20 executive order issued by President Donald Trump directing federal agencies to reinforce enforcement of existing death penalty laws. It also follows a February memorandum from Bondi aimed at reviving federal executions and supporting state-level capital prosecutions.
If finalized, the rule could shorten the timeline between conviction and execution in qualifying states by reducing delays during federal appeals. Supporters argue this would provide greater certainty and closure for victims’ families, while critics have historically raised concerns about limiting the time available to review potential legal errors in capital cases.
The Justice Department is currently accepting public comments on the proposal through the Federal Register before moving toward final implementation.
About the Author
Discover more from Right Now Oregon
Subscribe to get the latest posts sent to your email.
