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the us supreme court on wednesday to reinstate the death penalty for boston marathon bomber dzhokhar tsarnaev for his role in the 2013 attack that killed three people.

despite president joe biden's goal to eliminate capital punishment at the federal level, his administration did not stop the appeal- initially launched by the justice department under former president donald trump.

No federal inmates had been executed for 17 years before Trump oversaw 13 executions in the last six months of his term.

One of the issues before the nine justices Wednesday is whether the global media attention on the bombing influenced jurors- a question the lower court found that U.S. District Judge George O'Toole, who presided over the trial, did not sufficiently address during the jury selection process.

The justices also will consider whether O'Toole improperly excluded evidence relating to a triple murder in 2011 linked to Tsarnaev's older brother.

Lawyers for Tsarnaev, who is 28 now and was 19 at the time of the attack, have argued that he played a secondary role in the bombing.

Dzhokhar's lawyer Ginger Anders focused her argument on Wednesday on whether that evidence being excluded improperly, as it showed Tamerlan was the authority figure with 'violent Islamic extremist beliefs.

During his trial lawyers for Tsarnaev (left) argued that his older brother Tamerlan Tsarnaev (right) was the mastermind behind the bombing. Tamerlan, 26, was killed in a shootout with police days after the attack

In overturning Tsarnaev's death sentence but not his convictions, the Boston-based 1st U.S.

he would remain in prison for the rest of his life.

The government is challenging the decision, but the Supreme Court will decide in a ruling due at the end of June what Dzhokhar's sentencing will be.

Tsarnaev was convicted of joining his older brother Tamerlan in planting two homemade pressure-cooker bombs near the marathon finish line of the Boston Marathon.

The bombs used in the 2013 attack tore through the packed crowd and left many maimed

Tamerlan Tsarnaev died after a gunfight with police.

Jurors convicted Dzhokhar Tsarnaev on all 30 counts he faced and determined he deserved execution for a bomb he planted that killed Martin Richard, eight, and Chinese exchange student Lingzi Lu, 23.

Restaurant manager Krystle Campbell, 29, was killed by the second bomb.

This year's Boston Marathon took place on Monday.

The Supreme Court's six conservative justices seemed to favor reinstating the death penalty for Tsarnaev, while their three liberal colleagues appeared more favorable to the defendant

Eric Feigin, a Justice Department attorney, reminded the justices : 'After watching video of respondent ( Dzhokhar ) by himself personally placing a shrapnel bomb behind a group of children at the Boston Marathon, the jury in this case returned a nuanced verdict unanimously recommending capital punishment for that specific deliberate act. '

The bombing killed three and injured 260 others.

The lower court also said that Dzhokhar's attorneys should have been allowed to bring up a 2011 triple killing in Waltham, Massachusetts, that was suspected to have been committed by his brother, Tamerlan.

Alito called the evidence 'inadmissible many times over in a regular trial. '

The U.S. Supreme Court on Wednesday is set to hear the federal government's bid to reinstate Boston Marathon bomber Dzhokhar Tsarnaev's (pictured) death sentence for his role in the 2013 attack that killed three people and wounded more than 260 others

President Joe Biden also has called for an end to the federal death penalty.

The bomber, Dzhokhar Tsarnaev, now 28, has been sentenced to death, but appealed on arguments he didn't get a fair trial.

She told The Independent that a death sentence wouldn't bring her closure —t hat ’ s not possible for her after such a tragedy — but she hopes it would have a deterrent effect on future crimes.

Whether he comes up in the news every single day or not, I watch my sons put their legs on. ” In July of 2020, an appeals court left most of Tsarnaev's convictions in place, but threw out his death sentence and ordered a new round of sentencing with a new jury.

Three people, Krystle Campbell, 29 (left), Martin Richard, eight (middle), and Lingzi Lu, 23 (right), were killed by the two blasts

The 1st US Circuit Court of Appeals in Boston ruled last year that the trial judge improperly excluded evidence that could have shown Tsarnaev was deeply influenced by his older brother, Tamerlan, and was somehow less responsible for the carnage.

The appeals court also faulted the judge for not sufficiently questioning jurors about their exposure to extensive news coverage of the bombing.

The high court's three liberal justices appeared more favorable to Tsarnaev.

Barrett wondered about the 'government's end game,' noting that if the administration wins the case, Tsarnaev would be 'living under a death sentence the government doesn't intend to carry out. '

Dzhokhar Tsarnaev and his brother Tamerlan Tsarnaev in surveillance footage caught by the FBI (Picture: Federal Bureau of Investigation/Sipa USA)

Justice Amy Coney Barrett was the only member of the court to raise the administration's pursuit of a capital sentence for Tsarnaev even as it has halted federal executions.

When jurors weighed that evidence and sentenced Tsarnaev to death, 'the appeals court should have let that verdict stand,' Feigin said.

Kagan argued that jurors should have been able to decide whether the evidence was reliable.

'We don't know what happened.

Pictured: People are seen running in fear after the two explosions were set off near the finish line of the Boston Marathon on April 15, 2013

Roberts said it should be easier to admit evidence during a proceeding that would determine whether someone is sentenced to death than for other reasons.

After Wednesday's arguments, the Supreme Court should make a decision by June 2022.

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