US judge halts nitrogen gas execution, deems it unconstitutional
Al Jazeera English
A federal judge has permanently blocked Alabama from executing a death row inmate with nitrogen gas, ruling the method unconstitutional. The case highlights ongoing legal battles over execution methods in the U.S.
A federal judge has permanently blocked Alabama from executing a death row inmate with nitrogen gas, ruling that the method violates the U.S. Constitution's ban on cruel and unusual punishment.
On November 12, U.S. District Judge Emily C. Marks issued a permanent injunction preventing the state of Alabama from executing Jeffrey Lee with nitrogen gas. Lee had been scheduled for execution Thursday at an Alabama prison.
Her ruling came a day after an appeals court reversed her earlier decision, which had found the method constitutional.
The case centered on the interpretation of the Eighth Amendment to the U.S. Constitution, which prohibits the government from imposing "cruel and unusual punishments."
A spokesperson for Alabama Attorney General Steve Marshall said the state is reviewing the ruling and considering next steps, including an appeal. The case is likely to head to the U.S. Supreme Court, which has previously allowed nitrogen gas executions to proceed.
A spokesperson for Lee's legal team said they had no immediate comment.
In her 26-page ruling, Judge Marks acknowledged that litigation is routine in death penalty cases.
"If Alabama adopted a firing squad as its method of execution, that method would also likely be challenged. Indeed, there is probably no method—no matter how humane—that would be immune from constitutional challenge," Marks wrote.
"But the Constitution does not guarantee a painless death, and human life cannot be intentionally taken without the risk of pain. The court, the condemned, and the state must all face that grim reality."
Marks noted that the state has two other permitted methods of execution: lethal injection and the electric chair. She said Lee "is not entitled to an order barring the state from executing him by one of those methods."
Marks also ruled that the state could switch to the method Lee prefers, a firing squad. Death row inmates challenging an execution method are required to propose an alternative.
"The state could readily obtain the rifles, ammunition, and other materials necessary to carry out an execution by firing squad," Marks wrote.
"Additionally, the state would be able to modify the space at Holman to carry out executions by firing squad. The state could also find and train willing volunteers to carry out such an execution."
Lee is currently incarcerated at Holman Correctional Facility in Atmore.
