Published on: Friday, December 25, 2020

A federal court has put the scheduled execution of the only woman on federal death row on hold amid a battle over a stay of execution (article available here).

Montgomery's execution date was initially scheduled for December 8, 2020, but in November, the U.S. District Court granted a stay-of-execution to allow Montgomery's attorneys to recover from COVID-19, which they contracted while visiting their client, and prepare a clemency petition. Previous coverage available here.

After the stay was granted, the Justice Department rescheduled Montgomery's execution for January 12, 2021. Currently, Lisa Montgomery is being held in a federal prison in Texas, but was scheduled to be put to death at the Federal Correctional Complex in Terre Haute, Indiana.

The DC federal district court ruled on Thursday that the Bureau of Prisons acted illegally in resetting Montgomery's execution date and that a new execution date may not be scheduled while the stay-of-execution order remains in effect. “The Court, accordingly, concludes that the Director’s order setting a new execution date while the Court’s stay was in effect was ‘not in accordance with law,’” the court wrote.

A new delay could push Lisa Montgomery’s execution into the administration of President-elect Joseph R. Biden Jr., who has said he opposes the death penalty.

Under the order, the Bureau of Prisons cannot reschedule Montgomery’s execution until at least January 1. Generally, under Justice Department guidelines, a death-row inmate must be notified at least 20 days before the execution. In light of the court’s order, if the Justice Department chooses to reschedule the date in January, it could mean that the execution would be scheduled after Biden’s inauguration on January 20.

Two other federal inmates are scheduled to be executed in January but have tested positive for coronavirus and their attorneys are also seeking delays to their executions.