State lawmakers are rallying behind President Trump’s strong initiative to broaden the use of the death penalty, engaging in both legislative and legal efforts that could expand the list of crimes eligible for capital punishment.
In September, 15 states reached out for federal support to broaden the death penalty’s scope outside the Supreme Court’s limitations. Lawmakers are eager to add certain crimes to this list, particularly those that Republicans have long targeted for stricter penalties, introducing legislation that challenges existing court precedents.
Democrats and legal scholars argue that many of these proposals may be unconstitutional. Still, Republicans are optimistic that the conservative Supreme Court will back their ambitions.
“The Supreme Court has ruled that the death penalty for child traffickers and molesters amounts to cruel and unusual punishment,” Rep. Randy Fine (R-Florida) stated in an interview. He had pushed for a death penalty bill as a state official prior to his office tenure in April.
“But, perhaps, they think they can change that stance,” he added.
Political analysts note that the current push to expand the death penalty stems from the Trump administration. A January Executive Order called for the death penalty to be “reinstated,” claiming it serves as an essential deterrent and form of punishment.
During his presidency, Trump consistently advocated for this expansion. Just last month, he authorized the death penalty’s use in Washington, D.C., amidst rising demands for it in notable cases.
The January order also tasked Attorney General Pam Bondi with pursuing the death penalty for various offenses, including the murder of law enforcement officers, and for crimes committed by undocumented immigrants in the federal capital.
Additionally, Trump instructed the Justice Department to work toward overturning Supreme Court rulings that restrict capital punishment’s application.
While Trump asserts widespread support for the death penalty, recent polls indicate that it has been declining, with only a slim majority currently endorsing it for murder cases.
Executions Rise Under Trump Administration
Since Trump’s return to office, state executions have grown significantly. There is a rush to create legal pathways for capital punishment, leading to an uptick in related legislative proposals across Congress.
According to the Death Penalty Information Center (DPIC), over 100 bills aimed at reforming the death penalty have been tabled in state legislatures this year—a marked increase compared to previous years.
This year’s proposals increasingly focus on expanding the aggravating factors considered when determining eligibility for the death penalty.
DPIC’s latest compilation highlights at least 23 bills introduced across 14 states that would either broaden eligibility for the death penalty or extend the aggravating factors regarding death sentences.
Back in 2024, only six states put forth death penalty-related proposals. This year saw an increase, with states aiming to reinstate the death penalty climbing from eight to nine.
These primarily Republican-sponsored bills target serious crimes that have become focal points for the party, including offenses like the murder of law enforcement officers, child sexual crimes, abortion, and offenses committed by illegal immigrants.
Several states are also moving to legalize alternative execution methods, such as firing squads, to circumvent the delays caused by lawsuits against lethal injections, which have led to troubling execution attempts.
In both Pennsylvania and Florida, lawmakers are backing proposals mandating the death penalty for illegal immigrants who commit serious crimes. Meanwhile, South Carolina, Indiana, and Alabama are pursuing legislation that would categorize abortion as a capital offense. Oklahoma, Virginia, and Missouri have also suggested death penalty legislation for child traffickers and sex offenders.
Fine mentioned that his bill was “definitely” inspired by Trump’s January order. It was passed by both state legislative chambers and received Governor Ron DeSantis’s (R) signature earlier this year.
“Our aim was to ensure that states were aligning with President Trump’s vision,” Fine noted.
Another Florida legislator, Rep. Anna Paulina Luna (R), has led federal initiatives to impose the death penalty for non-fatal statutory rape and possession of child pornography. She and Rep. Eric D’Avanzo from Pennsylvania, who introduced a similar measure, believe Trump’s influence has ignited support for these legislative changes.
“When President Trump campaigns, he emphasizes that the death penalty should apply to illegal immigrants who murder U.S. citizens,” D’Avanzo commented.
Yet, many of this year’s bills seem to conflict with established Supreme Court rulings.
The Supreme Court ruled in 1976 that a North Carolina law mandating the death penalty for all first-degree murder convictions was unconstitutional. In the 2008 case of Kennedy v. Louisiana, the court found it unconstitutional to seek the death penalty for anything other than murder or crimes against the state.
“The goal is to utilize this legislation to push the law in a direction favored by some congressional members,” said DPIC Executive Director Robin Maher.
“This includes advocating for broader applications of the death penalty, despite some of the limitations set by the Supreme Court,” she stated.
National Sentiment is Mixed
The effort to expand the death penalty coincides with historically low public support. A recent Gallup poll revealed that public support for the death penalty has dwindled to its lowest level in 50 years.
The same poll found only 53 percent support for the death penalty in murder cases, down from 80 percent just three decades ago. In fact, 27 states have either suspended or completely abolished the death penalty altogether.
Critics point to racial disparities in how death penalty sentences are handed down, alongside the chances of wrongful convictions. DPIC estimates that over 40 percent of individuals on death row in the U.S. are black. Since 1973, at least 200 people sentenced to death have been exonerated.
“The passage and expansion of these laws clearly indicate that our lawmakers are not aligning with the will of the people,” said Herman Lindsey, executive director of Witnesses of the Innocent, a group advocating for the abolition of the death penalty.
He and Amy Bergquist, associate director for the human rights group’s International Justice Program, point out that studies have shown the death penalty to be ineffective, arguing that many of this year’s legislative proposals amount to mere political posturing.
“What we see is a desire to appear tough on crime,” Bergquist remarked. “It’s a superficial gesture that gives the impression of action.”
Lindsay and Maher criticized Florida’s prominent role in capital punishment and death penalty expansion efforts. The state has executed 13 individuals this year—the highest number of any state—while simultaneously passing several bills related to the death penalty.
Last month, Florida Attorney General James Usmeyer (R) led a consortium of 15 state attorneys general in a letter to Bondi and White House Counsel Dave Warrington, soliciting federal backing to contest Supreme Court precedent and sustain death sentences for “child rape.”
The letter referenced Trump’s January order, noting the passage of laws permitting the death penalty for child sexual abuse in several states, including Florida and Tennessee.
“Therefore, we, the undersigned Attorneys General, pledge to encourage the Legislature to swiftly enact laws sanctioning the death penalty for child rape,” they expressed.
Idaho Congressman Bruce Skaug (R) introduced a bill permitting the death penalty in select statutory rape cases, which gained unanimous support in Idaho’s state legislature this year.
“Other states are adopting this law, building a case for its justice appeal when it reaches the Supreme Court,” Skaug explained.
The Supreme Court Holds Final Authority
Bergquist and Maher noted that the Supreme Court has largely been absent in death penalty cases recently, leading to state initiatives moving forward with planned executions.
So far, the government has denied requests to prevent executions in 2025, marking a departure from its previous regulatory role over capital punishment.
“I believe part of the push for these bills is a response to the Supreme Court’s retreat and relinquishment of authority to the states,” Maher observed.
However, both sides engaged in the death penalty debate anticipate that the Supreme Court will inevitably have to address the ongoing efforts to expand capital punishment.
“It’s only a matter of time until this law gets challenged, and it will be brought before the courts for a decision,” Fine expressed. “Someone will appeal, and that will lead to a ruling.”
Skaug remains hopeful that the court’s conservative majority, solidified during Trump’s first term, will favor these expansions of the death penalty.
“We’ve got a new U.S. Supreme Court, and that may indeed work to our advantage,” Skaug concluded.
