Alabama canceled an execution after the Supreme Court issued a late night order requiring the state to allow the condemned man to die with his pastor by his side.
Following the ruling, the state backed off executing Willie Smith, who was scheduled for a Thursday night lethal injection and would have been the first person to be put to death by a state this year. Smith was convicted in 1992 of shooting a woman in the back of the head at a cemetery. The 11th U.S. Circuit Court of Appeals on Thursday issued a stay of his sentence, arguing that he must be allowed to have a spiritual adviser present.
The Supreme Court, in a 5-4 split, agreed with the 11th Circuit’s ruling, with Justice Amy Coney Barrett joining the liberal justices in upholding the lower court’s ruling.
“Willie Smith is sentenced to death, and his last wish is to have his pastor with him as he dies,” Justice Elena Kagan wrote in a concurring opinion. “Alabama has not carried its burden of showing that the exclusion of all clergy members from the execution chamber is necessary to ensure prison security. So the State cannot now execute Smith without his pastor present.”
Kagan added that Alabama’s policy, which bars people from accompanying inmates during an execution, “substantially burdens Smith’s exercise of religion.” She dismissed the notion that prison security was a “compelling interest” to withhold Smith’s rights, pointing to past examples where Alabama had allowed pastors to be present at executions.
Kagan suggested that the state find another way to ensure security while still allowing Smith’s pastor to be with him at the moment of death.
Justice Brett Kavanaugh, in dissent, wrote that he would have allowed the state to proceed with the execution. He defended the state’s policy, writing that it ensures “the safety, security, and solemnity of the execution room.”
Kavanaugh added that the state should find a way to allow Smith’s pastor in the room to allow executions to resume as quickly as possible.
“Doing so not only would satisfy inmates’ requests, but also would avoid still further delays and bring long overdue closure for victims’ families,” he wrote.
The Supreme Court in 2019 halted the execution of a Texas man seeking the presence of a spiritual adviser at death.
