“We pray for Mr. Tsarnaev’s victims, their families, and the city of Boston today as they prepare for what will surely be another emotional ruling,” she said.
During Wednesday’s arguments, Justice Amy Coney Barrett questioned what the “end game” of the federal government was in light of the execution moratorium.
“So the government has declared a moratorium on executions, but you’re here defending his death sentences,” said Barrett. “And if you win, presumably, that means that he is relegated to living under the threat of a death sentence that the government doesn’t plan to carry out. So I’m just having trouble following the point.”
Eric Feigin, deputy solicitor general, replied that Attorney General Garland could “presumably” review “the current execution protocol.”
“And what we are asking here is that the sound judgment of 12 of Respondent’s peers that he warrants capital punishment for his personal acts in murdering and maiming scores of innocents, and along with his brother, hundreds of innocents at the finish line of the Boston Marathon should be respected,” he said.
In 2015, Tsarnaev was convicted on four murder charges and sentenced to death for orchestrating the bombing of the 2013 Boston Marathon with his brother Tamerlan. The bombing killed three and injured hundreds.
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