The Biden administration will try to convince the country’s Supreme Court next week to reintroduce the death penalty for convicted Boston Marathon bomber Dzhokhar Tsarnaev, arguing that a jury does not need to examine evidence relied on by the Fed in an earlier phase of the case.

Tsarnaev’s blame for the horrific attack near the finish line at the 2013 marathon, which killed three and injured 260 people, will not be relevant when U.S. Supreme Court justices hear the case on Wednesday. The only question for the judges is whether the 28-year-old should be sentenced to life in prison or death.

Judges are also unlikely to review the administration’s aggressive pursuit of a death sentence for Tsarnaev – even though it has halted federal executions and called for President Joe Biden to remove the death penalty.

Instead, the judges’ main focus will be on evidence that Tsarnaev’s lawyers believe supports their argument that his older brother, Tamerlan, had his head on the attack and emotionally dominated his younger brother to terrorist activity. The evidence implicated Tamerlan Tsarnaev in a triple killing in the Boston suburb of Waltham on the 10th anniversary of the 9/11 terrorist attacks.

A federal appeals court in Boston ruled last year that the judge made a mistake by excluding the evidence and throwing out Tsarnaev’s death sentence.

Former State Attorney Bill Barr told the Associated Press last year that President Donald Trump’s administration would do “what is necessary” to reintroduce Tsarnaev’s death penalty.

The Trump administration appealed to the court, and the U.S. Supreme Court agreed to review the case after the Biden administration did not state any change of opinion.

Tsarnaev was convicted of all 30 charges against him, including conspiracy and use of weapons of mass destruction. The Board of Appeal upheld all but a few of his judgments.

With Post wire services