The tide is changing on the use of the death penalty in America. Well, at least for now.
This morning I awoke to good news, Governor Timothy M. Kaine
(D-VA) has stayed
the execution of Edward Nathaniel Bell.
This action effectively adds Virginia
to the growing list of states who have stayed executions until the Supreme
Court hands its decision down in Baze v. Rees,
a case which challenges the constitutionality of lethal injection as cruel and
unusual, later this Spring.
Kaine’s move is a bold one not merely because he is the
leader of a Commonwealth where the death penalty is quite popular, but also because
as the Washington
Post points out “Kaine’s move is largely symbolic because the Supreme Court
hasn’t allowed an execution to move forward since it took up the Baze v. Rees
case in September” and “Kaine’s decision probably will become fodder for his
political opponents.” Kaine openly
explained his opposition to capital punishment when he ran for governor in 2005
due to his Catholic faith, but he has not stayed every execution, deferring to
the ruling of the courts. In staying
this most recent execution Governor Kaine took a stand based on principle and
not political calculation – and for that he should be congratulated.
Yet, while these stays of execution provide hope for those
fighting for an end to the death penalty once and for all the United States,
we have to be careful of putting too much stock in just ending a particular way
of implementing the death penalty. As
long as the practice is on the books in 36 states and carried out by the federal
government, it will continue, perhaps just with a new method. As Ray Krone, the 100th man exonerated from
Death Row and the individual who strengthened my personal passion for ending the
death penalty recently
explained in op-eds in the Arizona Republic and San Francisco Chronicle, “as
the Supreme Court contemplates whether killing a person with a particular
combination of chemicals is cruel and unusual punishment, all of us should
recognize a much larger, more obvious fact. If sentencing to death and possibly
executing an innocent person isn't cruel and unusual punishment, nothing is.”
So while I congratulate Governor Kaine for his active
approach on the issue, I also hope that this country will use this break in
executions as an opportunity to discuss the need to end capital punishment, not
just the way in which we do it.