The fate of convicted Boston Marathon bomber Dzokhar Tsarnaev is now in the hands of the Supreme Court, which must decide whether his death sentence will be reinstated. Jim Braude was joined on Greater Boston by Nancy Gertner, retired federal judge and senior lecturer at Harvard Law School, to discuss.

Gertner commented on the tricky spot that the Biden administration and the Department of Justice are in, given that Biden is personally opposed to the death penalty.

“You see this a lot in the Merrick Garland administration of the Attorney General’s office — they see themselves as not the final word. They’ve only put a moratorium on the death penalty,” she said.

“And so arguably, another president could lift that moratorium. And they may well be saying, in the universe of people who should get the death penalty, he’s at the top. But it certainly is inconsistent with what Biden has said,” she added.

WATCH: The Fate Of Convicted Boston Marathon Bomber Is In The Hands Of The Supreme Court