US judge blocks Alabama nitrogen gas execution, citing constitutional violations
District Judge Emily C Marks rules that nitrogen gas violates the Eighth Amendment’s ban on cruel and unusual punishment, reversing a previous decision that had allowed the method to proceed.
A US federal judge has permanently blocked the state of Alabama from executing inmate Jeffery Lee using nitrogen gas, ruling that the method constitutes cruel and unusual punishment under the Eighth Amendment. US District Judge Emily C Marks issued the injunction on Tuesday, halting a scheduled execution for Thursday and reversing a prior decision that had permitted the procedure to proceed.
The ruling centres on the interpretation of the US Constitution’s Eighth Amendment, which bars the government from inflicting cruel and unusual punishments. Marks’ decision came shortly after an appeals court overturned her earlier finding that the method was constitutional. In a 26-page ruling, Marks noted that while the Constitution does not guarantee a painless death, the state must confront the reality of risk inherent in executions.
Marks stated that Lee remains subject to execution via lethal injection or the electric chair, noting he is not entitled to an injunction against these authorised methods. She also ruled that the state could switch to a firing squad, Lee’s preferred alternative. Marks observed that the state could readily obtain necessary materials, modify space at Holman Correctional Facility in Atmore, and source volunteers to carry out such an execution.
However, the judge cautioned that litigation is a constant in death penalty cases and that no method is likely immune to constitutional challenge. “Were Alabama to adopt firing squad as a method of execution, that method would likely be challenged as well,” Marks wrote, adding that human life cannot be purposefully extinguished without some risk of pain.
Alabama Attorney General Steve Marshall’s office is reviewing the decision and considering next steps, including an appeal. The case is expected to reach the US Supreme Court, which has previously allowed nitrogen executions to proceed in other instances. Lee’s legal team has not provided an immediate comment on the latest development.
