Courts block Alabama nitrogen execution

Opponents of nitrogen gas execution protest in Alabama

(Image credit: Kim Chandler / AP Photo)

What happened

The Supreme Court on Thursday night rejected Alabama’s emergency request to proceed with the execution of convicted murderer Jeffery Lee using nitrogen gas, despite lower courts finding the method unconstitutionally cruel. Three conservative justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — said they would have allowed the scheduled execution to proceed. Lee, convicted of killing two people in a pawnshop in 1998, would have been the ninth inmate killed by nitrogen hypoxia since Alabama pioneered the oxygen-starvation method in 2024.

The Supreme Court’s decision “capped an extraordinary legal back-and-forth over the humaneness” of nitrogen hypoxia, The Associated Press said, and handed “at least a temporary, rare victory for opponents of capital punishment.” It is “highly unusual for the Supreme Court to stop an execution at the last minute,” The New York Times said, and this aberration “potentially sets the stage for a broader legal battle over the constitutionality” of the controversial execution tool.

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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.