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Christa Pike remained alive after 2 doses. Tennessee should not execute her

The Supreme Court lifted a brief stay before Tennessee tried to execute Pike. Gov. Bill Lee has ordered a review, but the substance of her legal challenge remains unresolved.

The Editorial Board · The Wells Post

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Exterior of an institutional prison building

Christa Pike remained alive after Tennessee tried to execute her Wednesday, despite two doses of pentobarbital that her lawyers said the state administered. The Supreme Court had lifted a brief appeals court stay, allowing the attempt to proceed. What followed strengthens the case against capital punishment: When the state claims the power to kill, neither a legal mistake nor a failed procedure can be undone after a death.

Pike was taken to a hospital, and her lawyers said they had not been told her condition at the time of The Associated Press’s report. Gov. Bill Lee has ordered a third-party review and said Tennessee’s remaining scheduled execution in 2026 will not take place this year. A review is necessary. It is not enough.

The stay did not decide Pike’s case

Pike was 18 when she killed 19-year-old Colleen Slemmer in 1995. She does not deny the killing. Nothing about the botched execution attempt diminishes Slemmer’s life or the lasting loss borne by her family. Her mother, May Martinez, has said she wants Pike’s sentence carried out and described to The Associated Press how persistently she thinks of her daughter.

The argument for carrying out the sentence deserves to be taken seriously: Pike was convicted of murder, and Slemmer’s family has lived with its consequences for decades. Delaying punishment can impose its own burden on a grieving family. But the question before Tennessee is not whether to hold Pike accountable. It is whether accountability requires an irreversible death sentence rather than imprisonment for life without parole.

Age matters to that judgment without excusing the killing. Pike was 18; her boyfriend, Tadaryl Shipp, was 17 and received life in prison with the possibility of parole. They did not necessarily have identical roles or circumstances, and the difference between their sentences alone proves no legal error. It does, however, make the state’s decision to put one young defendant to death worth examining rather than treating it as inevitable.

Pike has described mental illness at the time of the crime, and her attorneys have raised her reported childhood sexual abuse. Those matters do not erase responsibility. They bear on whether the state should insist on the one penalty it cannot revise if a fuller account of a person’s history or legal proceedings changes the judgment.

What the courts left unresolved

On Wednesday, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit voted 2-1 for a short stay. It wanted time to consider whether Pike could reopen earlier federal proceedings over her sentence. The appeals court dispute concerns Tennessee’s changed position on the abuse Pike reported suffering as a minor and whether her request is a permissible procedural motion or an attempt to relitigate a claim already rejected.

Tennessee made the latter argument, and the dissenting appeals judge agreed. That is a substantial objection: Courts cannot revisit every settled claim indefinitely. But the two judges who granted the stay did not rule that Pike’s underlying claim was sound. They sought time to consider the arguments before an execution made that consideration impossible as a practical matter.

The Supreme Court vacated the stay later Wednesday without explaining its decision. Three justices dissented. The order allowed Tennessee to proceed; it did not decide that Pike’s reported abuse was established, that her legal claim lacked merit or that her death sentence had been newly affirmed on those grounds.

That distinction matters beyond Pike. A pause for judicial review is not an acquittal, and lifting a pause is not an answer to every unresolved question. Capital punishment asks courts to make procedural choices under the pressure of a deadline after which a mistaken judgment cannot be repaired.

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A review cannot make execution reversible

Tennessee’s Department of Correction said it followed its execution protocol. The Associated Press reported that the protocol provides for another set of syringes if a person remains alive after the first but does not say what happens if the person is still alive afterward. The cause of Wednesday’s failed attempt has not been established. Neither the department’s account nor the outcome tells the public enough about what went wrong.

Lee’s third-party review should provide that accounting. Tennessee also has reason to scrutinize its procedures: It switched to pentobarbital in 2024 after acknowledging problems with drug testing, and another execution could not be carried out in May 2026 after executioners were unable to place an IV for more than an hour, AP reported. Those events do not establish the cause of what happened to Pike. They show why a promise to follow a protocol is no substitute for independent scrutiny.

Better oversight might expose mistakes and reduce some risks. It cannot eliminate the defining risk of capital punishment: The state can revisit a prison sentence, but it cannot restore a life. That is especially urgent when an execution has been attempted while the substance of a legal challenge remains unresolved and the person’s medical condition has not been disclosed to her lawyers.

We believe Tennessee should not pursue another execution date for Pike. Lee’s decision concerning the state’s other scheduled execution this year is a limited pause, not a rejection of the death penalty. Tennessee lawmakers should pass legislation ending capital punishment and retaining life without parole as a means of holding people convicted of the gravest murders accountable. The state owes Slemmer’s family seriousness about her death. It does not owe them, or anyone else, an irreversible act of its own.

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