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

Despite President Joe Biden’s stated goal to eliminate capital punishment at the federal level, his administration opted to carry out an appeal — initially launched by the Justice Department under his predecessor Donald Trump — of a lower court ruling overturning Tsarnaev’s death sentence.

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