by David Lyle
A week after the Oklahoma Supreme Court buckled under political pressure, state officials pushed ahead with a controversial execution method to be used on two death row inmates; one of those inmates suffered a grisly death by heart attack after the lethal injection failed to work effectively. After the botched execution of Clayton D. Lockett, detailed in this piece by The Atlantic’s Andrew Cohen, state officials temporarily halted the second planned execution.
ACS President Caroline Fredrickson blasted Oklahoma state lawmakers for interfering with the judicial process. Fredrickson said:
One of the fundamental tenets of our democracy, an independent court system that provides checks and balances on the other branches of government, was the victim of a politically motivated execution leading directly to this tragedy tonight. Had the Oklahoma Supreme Court been allowed to render an impartial ruling absent the governor's coercion and political pressure, the state would not have botched today's execution because it never would have taken place. This is sad commentary on the state of fair courts in Oklahoma.
A week ago, the Oklahoma Supreme Court stayed the execution of two convicts so that the justices could evaluate the legality of the state's injection secrecy law. Just two days later, after Oklahoma Governor Mary Fallin claimed she would not recognize an issue ordered by the state Supreme Court and members of the legislature threatened to recall the justices supporting a stay of execution, the Oklahoma high court bowed to pressure and said the executions could proceed.
The nationwide trend of politicizing state courts has accelerated in recent months, as large-spending outside groups have poured huge sums into previously apolitical state Supreme Court races. Now that politicization has cost a life.
Fair court reform advocates have warned of the consequences of politically controlled state courts for years, as seen in the “Justice Isn’t Blind – The Influence of Special Interests on State Court” memo published by Justice at Stake, the Brennan Center for Justice, and the National Institute on Money in State Politics.