Supreme Court Blocks Alabama Nitrogen Gas Execution

The U.S. Supreme Court declined a request from Alabama on Thursday to execute Jeffrey Lee using nitrogen hypoxia. The decision upholds a federal judge’s ruling that the method is unconstitutionally cruel, stopping the scheduled 6 p.m. CT execution. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented from the ruling.

Why did the Supreme Court stop the execution?

The high court refused to vacate a Tuesday ruling by U.S. District Judge Emily Marks, who barred the state from using its nitrogen hypoxia protocol. Judge Marks found the method unconstitutionally cruel and a violation of the Eighth Amendment, according to court filings.

An appeals court ruling from Monday also determined the protocol poses a “substantial risk of serious harm.” The court stated inmates likely experience “severe air hunger” and physical discomfort for one to three minutes before suffocating.

Alabama Attorney General Steve Marshall argued that the nitrogen protocol was incorrectly called barbaric and that inmates lose consciousness quickly. He further claimed a firing squad was “not feasible” because the state lacks a protocol for it.

Did You Know? Jeffrey Lee’s original trial jury voted 7-2 in favor of a life sentence rather than the death penalty, but a trial judge overruled that verdict using a practice called “judicial override,” which was outlawed in Alabama in 2017.

How does nitrogen hypoxia work?

The procedure involves strapping a gas mask to the face of a condemned inmate, who then inhales pure nitrogen. This lack of oxygen leads to death by asphyxiation.

Alabama first introduced the method in 2024. Since then, eight inmates in the U.S. have been put to death using nitrogen gas, including seven in Alabama and one in Louisiana.

Witnesses of these executions have reported inmates thrashing and moaning. In the case of inmate Anthony Boyd, witnesses said he gasped and shook for roughly 15 minutes before stopping moving.

Expert Insight: Samantha Carter notes that the legal conflict centers on the tension between the state’s need for a viable execution alternative to lethal injection and the constitutional prohibition against cruel and unusual punishment. The divergence between the state’s “humane” description and witness accounts of physical distress creates a high-stakes evidentiary battle for the courts.

Who is Jeffrey Lee?

Lee, 49, has been on death row for over two decades. He was convicted of killing two people during a pawn shop robbery in 1998.

Jeffery Lee execution uncertain as SCOTUS weighs constitutionality of nitrogen hypoxia

Lee’s legal team stated that “the Constitution prevailed” following the Supreme Court’s decision. They have called on Governor Kay Ivey to restore the jury’s original verdict of life without parole.

What happens next for Alabama?

A spokesperson for the Alabama Department of Corrections told the AP that the execution was canceled for the evening and the state would not attempt another method. Governor Kay Ivey stated she remains committed to ensuring justice is served for the victims.

The state may continue to defend its protocol in court. A series of legal claims challenging the nitrogen hypoxia method is scheduled to go to trial in 2027.

Frequently Asked Questions

What is nitrogen hypoxia?

It is an execution method where an inmate wears a gas mask and inhales pure nitrogen, causing death by asphyxiation due to a lack of oxygen.

How many people have been executed with nitrogen gas in the U.S.?

Eight inmates have been executed using this method: seven in Alabama and one in Louisiana.

Why was Jeffrey Lee’s execution halted?

The Supreme Court declined to reverse a federal judge’s ruling that the nitrogen hypoxia protocol is unconstitutionally cruel and violates the Eighth Amendment.

Do you believe judicial override should have been outlawed sooner?