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Federal judge upholds constitutionality of nitrogen gas executions
The ruling follows the nation’s first bench trial on the method and leaves Alabama’s protocol in place despite evidence of severe air hunger.
- On Thursday, U.S. District Judge Emily C. Marks ruled that Alabama's nitrogen gas execution method does not violate the Eighth Amendment, following the first bench trial in the country to examine the protocol's constitutionality.
- Inmate Jeffery Lee filed the lawsuit last year, arguing that nitrogen hypoxia causes excessive suffering by replacing breathable air with nitrogen gas, leading to death by oxygen deprivation.
- Judge Marks wrote that evidence shows the protocol "likely causes severe air hunger — the most severe form of breathing discomfort — for one to three minutes," though she concluded this does not rise to a constitutional violation.
- Alabama Attorney General Steve Marshall praised the ruling, which clears the way for the state to continue using nitrogen gas, marking a setback for critics seeking to halt the protocol.
- Lee remains scheduled for execution on June 11 at a south Alabama prison, though his attorneys indicated in court filings that they are appealing the decision to continue challenging the method.
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Federal Court Validates Nitrogen Gas Execution Method as Constitutional
A federal court has ruled that executions using nitrogen gas do not contravene the constitution, rejecting an Alabama inmate's claim of undue suffering. This decision, coming after the first trial examining the method's legality, supports Alabama and other states' continued use of nitrogen gas for executions.
·India
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Coverage Details
Total News Sources38
Leaning Left13Leaning Right2Center20Last UpdatedBias Distribution57% Center
Bias Distribution
- 57% of the sources are Center
57% Center
L 37%
C 57%
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