Alabama Court Approves First Execution by Nitrogen Gas since 1982, Raising Questions of Cruelty, US

Alabama’s plan to execute an inmate using nitrogen gas will proceed as scheduled, as a federal appeals court has refused to block the historic event. The 11th U.S. Circuit Court of Appeals rejected Kenneth Eugene Smith’s request for an injunction to stop his execution, which would be the first in the U.S. using this method since 1982. Smith’s lawyers argue that the state is using him as a test subject for an experimental execution technique. They plan to appeal to the U.S. Supreme Court in a final attempt to halt the execution. The court ruled 3-2 in favor of Alabama, stating that death by nitrogen hypoxia is new and novel but does not violate the constitutional ban on cruel and unusual punishment. Circuit Judge Jill A. Pryor, however, disagreed, expressing concerns about the protocol and the potential experience for Smith. The method involves replacing breathable air with nitrogen using a respirator-type face mask, leading to death from lack of oxygen. While the state predicts a quick loss of consciousness and death within minutes, critics argue that the untested method’s outcome and the inmate’s experience cannot be accurately predicted. The use of nitrogen gas as an execution method is authorized in three states—Alabama, Mississippi, and Oklahoma—but it has yet to be attempted. The decision comes as states seek alternative execution methods due to the difficulty in acquiring the drugs necessary for lethal injections, the most common execution method in the country. Smith was convicted of the murder-for-hire slaying of a preacher’s wife in 1988, but concerns about his previous lethal injection attempt led to the use of nitrogen gas. Critics argue that the method involves too many unknowns and potential problems, raising constitutional and ethical concerns. Alabama Solicitor General Edmund LaCour defended the state’s choice, calling it the most painless and humane method. Furthermore, the American Veterinary Medical Association has expressed reservations about nitrogen hypoxia, stating that oxygen deprivation can cause distress to mammals. Experts appointed by the U.N. Human Rights Council have also warned that this execution method may violate the prohibition on torture. Despite these concerns, the Supreme Court denied Smith’s request for a stay, rejecting his argument that a second execution attempt would be unconstitutional. Smith’s scheduled execution is set to proceed as planned.