Overview
- Federal judges found new evidence that nitrogen hypoxia can cause intense “air hunger,” gasping and prolonged time-to-death, and the 11th Circuit reversed an earlier ruling on June 8 that had upheld Alabama’s protocol.
- U.S. District Judge Emily C. Marks reviewed that record and on June 9 permanently barred Alabama from using nitrogen hypoxia to execute Jeffery Lee after finding the method likely violates the Eighth Amendment.
- The Supreme Court declined Alabama’s emergency request late Thursday, leaving the lower-court injunction in place and preventing Lee’s scheduled execution by nitrogen gas from going forward that night.
- The district court concluded that a firing squad — Lee’s proposed alternative — would significantly reduce the risk of severe pain compared with nitrogen hypoxia, though adopting that method would require legislative and logistical steps.
- Alabama can still seek other approved methods or further appeals, and the case could set precedent as other states and the federal government consider or monitor nitrogen hypoxia after eight prior U.S. uses.