California currently maintains the largest death row population in the United States, despite a moratorium on executions imposed by Governor Gavin Newsom in 2019. Recent legal analysis indicates that Newsom possesses the executive power to commute these death sentences to life imprisonment without the possibility of parole. If exercised, this would represent the largest mass commutation in American history, effectively ending the state’s active use of capital punishment.

While the political implications of such a decision are a subject of intense debate, legal scholars note that there is no constitutional or statutory provision that would prevent a governor from seeking the presidency after issuing such an order. The Hill reports that while the act would be politically polarizing, it remains well within the scope of the governor’s clemency powers. Supporters of abolition argue that the move would align California with international human rights standards and address the systemic flaws of the death penalty. Conversely, critics and some victims' rights advocates argue that such a move would bypass the will of voters who have previously upheld the death penalty through ballot initiatives. The sources agree that the governor has the authority to act, but they differ on whether such a move would be viewed as a bold moral stance or an overreach of executive power.