WASHINGTON (CBS/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.

READ MORE: Meadow Brook Golf Club Clubhouse In Reading Destroyed By Fire For Second Time In Nearly A Year

The case won’t be heard until the fall, and it’s unclear how the new administration will approach Tsarnaev’s 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.

In late July, the federal appeals court in Boston threw out Tsarnaev’s sentence because, it said, the judge at his trial did not do enough to ensure the jury would not be biased against him.

The Justice Department had moved quickly to appeal, asking the justices to hear and decide the case by the end of the court’s current term, in early summer. Then-Attorney General William Barr said last year, “We will do whatever’s necessary.”

READ MORE: FDA, CDC Call For Johnson & Johnson Vaccine Pause To Investigate Rare Blood Clots

Tsarnaev’s lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line on April 15, 2013. But they argued that Dzhokar Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack.

Tamerlan Tsarnaev, 26, died following a gunfight with police and being run over by his brother as he fled. Police captured a bloodied and wounded Dzhokhar Tsarnaev hours later in Watertown, where he was hiding in a boat in a backyard.

Tsarnaev, now 27, was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of a Massachusetts Institute of Technology police officer during the Tsarnaev brothers’ getaway attempt. The appeals court upheld all but a few of his convictions.

Tsarnaev recently filed a lawsuit over his treatment at the supermax prison in Colorado where he has been held since 2015.

(Left to right) Martin Richard, 8; Krystle Campbell, 29; Lingzu Lu, 23; MIT Police officer Sean Collier, 26.

Killed in the 2013 bombings were Lingzi Lu, a 23-year-old Boston University graduate student from China; Krystle Campbell, a 29-year-old restaurant manager from Medford; and 8-year-old Martin Richard, who had gone to watch the marathon with his family. Massachusetts Institute of Technology police Officer Sean Collier was shot to death in his cruiser days later.

MORE NEWS: Johnson & Johnson Pause Prompts Methuen To Cancel 600-Person COVID Vaccine Clinic

(© Copyright 2021 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)