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By Amanda Castro
Associate News Editor
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The U.S. Supreme Court is weighing Alabama’s emergency request to reinstate the nitrogen gas execution of Jeffery Lee, hours before his scheduled death, which had been set for 6 p.m. Thursday. In a one‑sentence order issued late Thursday, the Court said Alabama’s request “was denied,” with Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch indicating they would have granted the state’s appeal but offering no written dissent.
A federal judge has now declared the method unconstitutional, a first‑of‑its‑kind finding that could upend how states carry out capital punishment. The decision will determine whether Lee is executed, whether Alabama must shift to another method, and whether other states can continue pursuing nitrogen hypoxia.
U.S. District Judge Emily Marks permanently blocked Alabama from using nitrogen gas after finding Lee had shown, “by a preponderance of the evidence,” that the protocol violates the Eighth Amendment. Her ruling came after an appeals court reversed her earlier finding that the method was constitutional. The 11th Circuit refused to pause her ruling, and Alabama is now asking the Supreme Court to intervene, arguing the decision would be “unprecedented in American history,” according to filings from the attorney general’s office.
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The state also noted that the U.S. Supreme Court has never before ruled that a method of execution violates the Constitution. Under Supreme Court precedent, inmates challenging an execution method must propose an alternative; Lee has suggested a firing squad, arguing it would avoid the prolonged suffocation nitrogen gas can cause.
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Why Alabama’s Nitrogen Protocol Is Under Fire
Marks’ ruling followed disturbing accounts from previous nitrogen executions. Witnesses reported inmates shaking, gasping, pulling at restraints, and exhibiting labored breathing. In October 2025, Anthony Boyd showed signs of distress for roughly 30 minutes before officials closed the curtain.
The 11th Circuit noted that the three minutes it may take for an inmate to lose awareness is “intolerable” given the likely suffering under Alabama’s protocol. The appeals court also found that Alabama’s nitrogen procedure presents “severe pain over and above death itself,” a conclusion that helped form the basis for Marks’ permanent injunction.
Experts cited in court filings warn that:
- Vomiting during oxygen deprivation can cause a person to choke to death inside the mask.
- Any leak allowing oxygen into the mask risks leaving the inmate brain‑damaged but alive.
- Nitrogen is odorless and colorless, posing a danger to prison staff if it escapes.
- A group of physicians told the Supreme Court that nitrogen hypoxia “necessarily causes inhumane suffering,” urging the justices to block its use.
The American Veterinary Medical Association does not permit nitrogen for euthanizing most animals because it causes panic and distress.
Alabama’s Argument to the Supreme Court
Alabama contends nitrogen hypoxia is constitutional and causes no more suffering than other methods. The state argues that if Marks’ ruling stands, it would be the first time a court has permanently banned a legislatively approved execution method.
The state also maintains it cannot quickly pivot to lethal injection or electrocution, even though those methods remain authorized.
Who Jeffery Lee Is and Why His Case Draws Scrutiny
Lee was convicted of killing Jimmy Ellis and Elaine Thompson during a 1998 pawnshop robbery. A jury voted 7-5 for life imprisonment, but a judge overrode the recommendation and imposed death, a practice Alabama abolished in 2017.
His attorneys argue the state is attempting to execute him using a method two federal courts have now found unconstitutional, and supporters have urged Governor Kay Ivey to commute his sentence.
Nitrogen Executions: An Unproven, Controversial Method
Nitrogen gas has been used eight times in U.S. history—seven in Alabama, one in Louisiana—all within the last two years. Before 2024, no country in the world had executed a person using pure nitrogen.
International human rights experts warn the method may constitute torture, noting the lack of scientific evidence and the absence of sedatives in Alabama’s protocol.
States adopted nitrogen largely because lethal injection has become increasingly difficult due to drug shortages and repeated botched attempts.
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