President Donald Trump’s efforts to expand capital punishment have faced unexpected resistance from several Republican-led states. While Trump and other national GOP leaders advocate for stronger death penalty policies, some conservative states are moving in the opposite direction.
On his first day in office, Trump signed an executive order directing the U.S. attorney general to pursue the death penalty for crimes deemed severe enough to warrant it. The order specifically mandates capital punishment for cases involving the murder of law enforcement officers or when the accused is an undocumented immigrant. The directive instructs the Department of Justice to support states in obtaining lethal injection drugs and encourages prosecutors to seek the death penalty for all eligible crimes.
Although Trump’s order applies only to federal crimes, growing anti-death penalty sentiment in many states may reduce its overall impact. Concerns over wrongful convictions, racial bias, and the high cost of capital punishment have sparked debates among state lawmakers. Some religious conservatives argue the death penalty contradicts pro-life values, while crime experts question its effectiveness as a deterrent.
Despite Trump’s push, some Republican-led states are moving away from the death penalty. Lawmakers in Indiana, Kansas, Kentucky, and Ohio have introduced bills to abolish capital punishment. In Georgia, legislators recently passed a bill that would prevent the execution of individuals with intellectual disabilities, reducing the burden of proof for such claims and introducing pretrial hearings on mental capacity.
Oklahoma lawmakers are considering two contrasting proposals. One bill seeks to pause all pending executions and block new execution dates, while another aims to make undocumented immigrants who commit first-degree murder eligible for the death penalty.
Meanwhile, Iowa and New Mexico are debating measures that would reinstate capital punishment specifically for the murder of law enforcement officers. Iowa’s proposal was introduced following the death of Algona police officer Kevin Cram, who was fatally shot in 2023.
Some states are exploring alternative execution methods due to difficulties obtaining lethal injection drugs. Idaho has passed a bill that could make it the first state to use firing squads as the primary method of execution. Lawmakers in Arizona are also considering a similar measure. Arkansas, Nebraska, and Ohio are discussing nitrogen gas hypoxia as an alternative execution method.
Ohio state Representative Brian Stewart defended the use of nitrogen gas hypoxia, arguing that as long as capital punishment remains legal, sentences should be carried out to provide victims’ families with closure.
A Gallup poll conducted in October 2023 found that 53% of Americans support the death penalty for convicted murderers—the lowest level since the early 1970s. Support is notably divided along political lines, with 81% of Republicans in favor compared to just 32% of Democrats. While 68% of Republicans believe the death penalty is applied fairly, only 28% of Democrats share that view.
Since 2009, seven states—Colorado, Connecticut, Illinois, Maryland, New Hampshire, New Mexico, and Virginia—have abolished the death penalty. Although 27 states still allow capital punishment, four of them (California, Ohio, Oregon, and Pennsylvania) have paused executions.
Execution delays continue to plague several states due to issues such as difficulties obtaining lethal injection drugs and concerns over botched procedures. As a result, some states are turning to alternative methods like nitrogen hypoxia and firing squads. South Carolina recently conducted the nation’s first firing squad execution in 15 years.
In Indiana, a bipartisan House bill sought to abolish the death penalty and convert existing death sentences to life without parole. The measure included a provision allowing defendants to request an intellectual disability review. Despite bipartisan support, the bill failed to receive a committee hearing, mirroring a similar Democratic-backed proposal that failed in 2019.
In Oklahoma, a Republican-sponsored bill proposes suspending all pending executions and halting new execution dates. This bill would also create a five-member task force to evaluate the state’s death penalty practices. While the measure awaits a hearing, a previous version stalled in the House.
Read more: