Quick Summary: The U.S. Justice Department has proposed adding firing squads, electrocution and gas asphyxiation to federal execution protocols due to shortages of lethal‑injection drugs. Acting Attorney General Todd Blanche directed the Bureau of Prisons to update protocols and has authorized seeking death sentences in nine cases. The proposal follows state-level moves to revive older methods and Alabama’s 2024 use of nitrogen asphyxiation; legal challenges are expected and could take years to resolve.
Justice Dept. Proposes Adding Firing Squads, Electrocution and Gas Asphyxiation to Federal Execution Options
FILE PHOTO: A lethal injection chamber at Washington State Penitentiary in Walla Walla, Washington, U.S., September 6, 2024. REUTERS/Matt Mills McKnight/File Photo
The U.S. Justice Department has recommended expanding federal execution methods to include firing squads, electrocution and gas asphyxiation, citing growing difficulty obtaining drugs for lethal injections. The recommendation appears in a department report issued on April 24 and reflects an effort to ensure the federal government can carry out lawful death sentences even if specific lethal‑injection drugs are unavailable.
Acting Attorney General Todd Blanche directed the Bureau of Prisons to revise its execution protocol to mirror additional methods authorized by some states and said the department has authorized seeking death penalties in nine cases after President Trump rescinded a moratorium on federal executions imposed by his predecessor, Joe Biden, according to the report.
What the Report Says
The report instructs the Bureau of Prisons to modify its protocols "to include additional, constitutional manners of execution that are currently provided for by the law of certain states," specifically naming older methods such as firing squads and electrocution, and the newer nitrogen gas asphyxiation approach pioneered in Alabama in 2024. The Justice Department stated it is also "readopting the lethal injection protocol utilized during the first Trump Administration" and streamlining internal processes to expedite death penalty cases.
Why The Change
Pharmaceutical companies increasingly refuse to sell drugs that can be used for executions — in part to comply with European Union export restrictions — forcing states and the federal system to seek alternatives, including compounding pharmacies or revived historical methods. The federal government adopted a single‑drug pentobarbital protocol in 2019, but officials have reported difficulties obtaining reliable supplies and complications in some lethal‑injection procedures.
The seal of the U.S. Attorneys Office is seen during a press conference at the Justice Department in Washington, D.C., U.S., April 22, 2026. REUTERS/Nathan Howard
Who Is Affected
President Biden previously commuted the federal death sentences of 37 people, leaving three men currently on federal death row under active federal sentences: Dzhokhar Tsarnaev (convicted in 2015 for the 2013 Boston Marathon bombing), Dylann Roof (convicted in 2017 for the Charleston church massacre) and Robert Bowers (convicted in 2023 for the 2018 Tree of Life synagogue attack). None of the three have received execution dates; condemned prisoners typically spend many years pursuing appeals and other legal challenges.
Legal Challenges and Constitutional Issues
When governments adopt or revise execution methods, condemned prisoners commonly mount Eighth Amendment challenges alleging "cruel and unusual punishment." To date, the U.S. Supreme Court has not declared a generally adopted method of execution per se unconstitutional, but individual protocols have faced extensive litigation and procedural delays.
State Trends and Recent Examples
Several states have revived older methods in recent years. According to the Death Penalty Information Center, five states now allow firing squads; Idaho plans to adopt a firing squad as a primary option in July. South Carolina in 2023 carried out the first U.S. firing‑squad execution in 15 years after the condemned inmate chose that method. In 2024, Alabama carried out a nitrogen‑asphyxiation execution via a face mask; that method has since been adopted by Arkansas, Louisiana, Mississippi and Oklahoma.
What Comes Next
The Justice Department’s protocol change is intended to ensure the federal government remains prepared to implement lawful death sentences despite supply challenges and shifting state practices. Any actual use of newly authorized methods at the federal level would almost certainly prompt additional legal challenges and public debate.
Note: This article summarizes the Justice Department's report and related developments; legal outcomes and future policy decisions may change as litigation and administrative actions proceed.
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