Alabama nitrogen gas execution hinges on last-minute appeal to Supreme Court

Alabama's plan to execute death row inmate Jeffrey Lee using nitrogen hypoxia faces a last-minute legal challenge, with the U.S. Supreme Court now considering the state's appeal. Lee, 49, was scheduled to be put to death Thursday evening via the controversial method, which involves forcing an inmate to inhale pure nitrogen gas through a mask, leading to death by asphyxiation.

The execution is in limbo following a federal judge's ruling that Alabama's nitrogen hypoxia protocol constitutes cruel and unusual punishment, violating Lee's Eighth Amendment rights. U.S. District Judge Emily Marks issued a permanent ban on the state using this method. However, the Alabama Attorney General's Office has petitioned the Supreme Court to overturn this decision.

“

the governor remains prepared to move forward with the planned execution

Alabama's appeal argues that an alternative execution method proposed by Lee's legal team, firing squad, is not feasible. The state also contends that the nitrogen protocol was misrepresented as barbaric in court, asserting that inmates quickly lose consciousness. This legal battle follows an appeals court's reversal of an earlier ruling that had found the nitrogen method constitutional.

Governor Kay Ivey's office stated they remain prepared to proceed with the execution if the Supreme Court allows it, but the ultimate outcome remains uncertain as the justices deliberate. Alabama first introduced nitrogen hypoxia as an execution method in 2024, and critics have raised concerns about the secrecy surrounding its operation.

“

Lee has shown by a preponderance of evidence that the Protocol constitutes cruel and unusual punishment