Alabama’s scheduled nitrogen-gas execution of death row inmate Jeffrey Lee is halted after multiple court rulings question the method’s constitutionality. According to reports, a federal judge permanently blocked the state from using nitrogen hypoxia, finding the approach violates the U.S. constitutional prohibition on cruel and unusual punishment. Earlier, a federal appeals court ruled that Alabama’s nitrogen gas method likely inflicts an unconstitutional degree of suffering, while stopping short of blocking the scheduled execution at that time.
In response to the judge’s ban, Alabama’s Attorney General’s Office sought emergency review from the U.S. Supreme Court to reverse the federal judge’s decision and allow the execution to proceed. NBC and NPR report that the Supreme Court denies Alabama’s request late Thursday, leaving the method barred for this case. CBS News reports the state’s petition hinges on that last-minute appeal.
As a result, Lee’s execution is delayed. Sources also state that, while the nitrogen gas method is blocked, Lee still faces the death penalty under Alabama’s sentencing framework.