Xavier Becerra may end California's death penalty with federal challenge

Xavier Becerra, the U.S. attorney general, could move to end California’s death‑penalty executions by filing a federal challenge that would block the state from carrying out any future executions, a step that would come if Governor Gavin Newsom does not grant a blanket clemency for all inmates on death row. The push is gaining momentum as the state’s death‑row population has dwindled to fewer than 700 and the last execution took place in 2006. Becerra’s intervention would be the first federal effort to seal the moratorium that the state has effectively maintained for more than a decade.

The issue resurfaced after a series of high‑profile legal setbacks for California’s capital punishment system. In 2021, a state appellate court ruled that the death‑penalty sentencing scheme was unconstitutional because juries were not required to consider mitigating evidence. The decision was later reversed by the California Supreme Court, but the ruling highlighted the system’s flaws and fueled public criticism. Meanwhile, the cost of keeping death‑row inmates housed—estimated at $400 million a year—has strained the state’s budget, prompting lawmakers and activists to call for a permanent end to the practice. Governor Newsom, who has expressed personal opposition to the death penalty, has yet to issue a full clemency, leaving the door open for a federal remedy.

Legal scholars say Becerra could argue that California’s execution protocol violates the Eighth Amendment’s ban on cruel and unusual punishment, especially given the lack of a reliable method for lethal injection. If a federal court agrees, the state would be barred from scheduling any executions, effectively ending the death penalty without a new law. Prisoner advocacy groups have welcomed the prospect, saying it would bring closure to families of victims and inmates alike. Critics, including some law‑enforcement officials, warn that the move could undermine public safety and the rights of victims seeking justice.

If Becerra files the challenge in the coming weeks, the case would likely proceed to a federal district court in Sacramento, with an appeal possible to the Ninth Circuit and, eventually, the Supreme Court. A ruling against California could force the state legislature to confront the death penalty’s future, potentially prompting a legislative repeal. The outcome will shape the nation’s largest death‑penalty system and signal whether the United States is moving toward broader abolition of capital punishment.