The threat of politics in the courthouse

The chaos surrounding the execution of convicted murderer Clayton Lockett was not just a wake-up call on capital punishment and how it is administered. The final hours also saw political efforts to bully and weaken Oklahoma’s courts. Similar battles are playing out around the country, threatening the ability of our courts to be fair and impartial.

When Lockett’s attorneys filed a lawsuit seeking information about the drug mixture that ultimately failed, the Oklahoma Supreme Court issued a stay to grant more time for review. But the governor announced that she would disregard the court’s ruling. A legislator introduced a resolution to impeach the five justices who had voted for the stay, alleging “a willful neglect of duty and incompetence.” The Supreme Court ultimately dissolved its stay and allowed Lockett’s execution to proceed.

The constitutional crisis may have been brief, but it was profoundly disturbing. As lifetime jurists and former chief justices of the supreme courts of Arizona and Indiana, we believe our treasured American system of checks and balances is harmed when our courts are threatened with intimidation. Our courts were designed to be the branch of government most insulated from politics.

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