Alabama Attorney General Pushes for Death Penalty Reinstatement

Alabama’s Attorney General, Steve Marshall, is advocating for a U.S. Supreme Court ruling that would allow the imposition of the death penalty for those convicted of child sexual abuse.

In a press release on Thursday, Marshall highlighted his support for a letter sent last month to Attorney General Pam Bondy and White House attorney Dave Warrington. This letter, which aimed to encourage the U.S. Department of Justice to seek a reversal of the 2008 Supreme Court decision in Louisiana vs. Kennedy, was coordinated by Florida’s Attorney General, James Usmierer, and was signed by a total of 15 Republican Attorneys General.

Marshall noted that in the early stages of his second term, President Trump instructed the Justice Department to take necessary actions to challenge Supreme Court precedents regarding death penalty implementations.

The attorneys who backed the letter expressed their commitment to urging state legislatures to create laws sanctioning the death penalty for those guilty of child rape. They believe it’s important to pursue such sentences “in the right cases” and resolutely defend these choices during appeals.

Additionally, Marshall called on the U.S. Department of Justice to assist state efforts by submitting an Amicus Curiae brief that supports the right to pursue the death penalty in child rape cases.

He emphasized that these steps are crucial for addressing the implications of the Kennedy decision and to persuade the Supreme Court to overturn a ruling he considers fundamentally flawed.

In the Louisiana vs. Kennedy case, the Supreme Court had determined—by a narrow 5-4 margin—that the death penalty was unconstitutional for crimes like child rape. Critics have pointed out that, since 1964, no executions related to rape—whether of adults or children—have occurred in the U.S., and very few states allow such penalties for child rapists.

In Alabama, a proposed law will be introduced during the 2026 legislative session with support from Sen. April Weaver and Rep. Matt Simpson. This law would aim to reintroduce the death penalty for child rapists, an initiative Marshall endorsed during a press conference in late July.

Other states, like Florida and Tennessee, have already passed similar laws allowing the death penalty for child sexual offenses, while Idaho, Oklahoma, and Arkansas are also moving in that direction.

Marshall expressed pride in Alabama’s reputation for upholding the rule of law and protecting children. He remarked that it’s essential to utilize all available measures to ensure the safety of children, punish perpetrators, and bring justice to victims.

However, Marshall’s office stated that the Kennedy verdict disregarded significant harm caused by child rape. Organizations such as the Death Penalty Information Center and the National Association of Social Workers have voiced opposition to imposing the death penalty for such offenses.

The Center criticized Simpson’s sponsored legislation during a legislative conference, arguing that it goes against the Kennedy ruling and could exacerbate harm to victims. They assert that because many child sex crimes are perpetrated by family members or acquaintances, the fear of severe penalties could discourage reporting these offenses.

Supporters of these critiques caution that such legislation may lead to even more tragic outcomes, including additional harm to victims who may feel pressured into silence.

In a recent announcement, Bondi stated that the Justice Department intends to revive the use of the death penalty nationwide, which includes efforts previously initiated under President Trump’s administration.

As of now, Bondi hasn’t made any comments regarding whether the Department of Justice will support overturning the Kennedy ruling.