There’s a solid rationale for delaying legislative action to “fix” the state’s death penalty law.

The assumption after the Kansas Supreme Court declared the 1994 law unconstitutional last month was that the Kansas Legislature would act quickly to correct the provision that spurred the court’s decision. However, it may be better to first allow the state attorney general to pursue an appeal if the state court’s ruling before altering the law.

If the state Supreme Court’s decision stands, it will nullify the death sentences of six convicted killers in Kansas. The only way to preserve those sentences is to appeal the decision successfully to the U.S. Supreme Court. Atty. Gen. Phill Kline has promised to make that appeal, but observers say the U.S. Supreme Court would be less likely to take the appeal of the law already has been changed.

State legislators certainly seemed content to allow the state’s school finance battle to make its way completely through the courts before addressing the issue, and the same strategy probably should be applied to the capital punishment law. If the state ends up having to make changes in the death penalty law, it also would be an opportunity for the state to take another look at other provisions of the law and perhaps even re-examine the costs and other issues involved in providing a death penalty option in the state.

Waiting for the issue to make its way through the courts would seem to have minimal consequences and may head off hasty action that might have to be corrected later.