WASHINGTON (AP) The Supreme Court said Monday it will consider reinstating the death sentence for Boston Marathon bomber Dzhokhar Tsarnaev, presenting President Joe Biden with an early test of his opposition to capital punishment .

The justices agreed to hear an appeal filed by the Trump administration, which carried out executions of 13 federal inmates in its final six months in office.

The case wont be heard until the fall, and its unclear how the new administration will approach Tsarnaevs case. The initial prosecution and decision to seek a death sentence was made by the Obama administration, in which Biden served as vice president.

But Biden has pledged to seek an end to the federal death penalty .