The Supreme Court issued an unsigned order on October 19, 2026 declining to hear an appeal from Khalid Sheikh Mohammed and two alleged accomplices, leaving in place a ruling that Defense Secretary Lloyd Austin had authority to cancel their 2024 plea deals. The decision keeps the death penalty possible, and a military trial is scheduled for June 5, 2028. Justice Kavanaugh did not participate. The discussion since has centered on what the refusal leaves standing: Austin's cancellation and the path to a death-penalty trial.