Court Rules Alabama's Nitrogen Gas Execution Method Unconstitutional

WHO:

CNN - A spokesman for Alabama Attorney General Steve Marshall stated the state is considering next steps, including an appeal.

CNN - A spokeswoman for Jeffery Lee’s legal team indicated they did not have an immediate comment on the ruling.

CNN - US District Judge Emily C. Marks issued the ruling.

CNN - Jeffery Lee is the inmate affected by the ruling.

CNN - Alabama Attorney General Steve Marshall is reviewing the decision.

WHAT:

ABC News US - A federal appeals court has ruled that Alabama’s use of nitrogen gas for executions needs more study regarding its constitutionality.

Fox News - The appeals court stated that the nitrogen gas execution method carries "a substantial risk of serious harm," and described a three-minute loss of awareness as "intolerable."

Fox News - Marks emphasized that “there is likely no method — no matter how humane — that would be immune to constitutional challenge.”

Fox News - Marks stated that the state could switch to Lee’s preferred method, a firing squad, as an alternative execution method.

Fox News - Marks emphasized that “there is likely no method — no matter how humane — that would be immune to constitutional challenge.”

CNN - Marks noted that the state can readily obtain rifles, ammunition, and other materials necessary to carry out a firing squad execution.

CNN - Marks stated that the state would be able to modify space at Holman to carry out executions by firing squad and source and train volunteers for the execution.

Fox News - Marks ruled that the state could change the form of execution to Lee’s preferred method, which is a firing squad.

Fox News - Marks stated that inmates challenging execution methods must suggest an alternative method.

Fox News - Marks wrote, “Three minutes of conscious suffocation is torturous. If that doesn’t violate the constitution, let alone international law, nothing would,” according to Bernard Harcourt, a professor at Columbia University Law School.

CNN - Marks stated that if Alabama were to adopt a firing squad as a method of execution, that method would likely face constitutional challenges as well.

Fox News - Marks ruled that Lee has shown by a preponderance of the evidence that the nitrogen gas execution protocol constitutes cruel and unusual punishment in violation of the Eighth Amendment.

Fox News - The appeals court found that the nitrogen gas execution method carries "a substantial risk of serious harm," and described a three-minute loss of awareness as "intolerable."

Fox News - Alabama began using nitrogen gas for executions in January 2024, with Kenneth Eugene Smith being the first person executed using that method.

Fox News - Marks stated that the appeals court found the nitrogen gas execution method carries "a substantial risk of serious harm" and described a three-minute loss of awareness as "intolerable."

Fox News - Nitrogen has been used in eight executions in the U.S., with seven of them occurring in Alabama and one in Louisiana.

CNN - The case is likely to end up before the US Supreme Court, which has previously allowed nitrogen executions to proceed.

CNN - Marks stated, “The Constitution does not guarantee a painless death, and human life cannot be purposefully extinguished without some risk of pain.”

CNN - A federal judge permanently blocked Alabama from executing Jeffery Lee with nitrogen gas.

CNN - The judge declared the nitrogen gas execution method violates the ban on cruel and unusual punishment.

CNN - Marks issued a 26-page ruling stating that litigation is constant in death penalty cases.

CNN - Marks noted that the state has two other authorized execution methods: lethal injection and the electric chair.

CNN - Marks ruled that the state could switch to a firing squad as an alternative execution method.

WHERE:

CNN - The ruling pertains to executions at an Alabama prison, specifically Holman Correctional Facility in Atmore.

WHEN:

CNN - Jeffery Lee was scheduled to be executed on Thursday.

WHY:

Fox News - Marks stated, “The Constitution does not guarantee a painless death, and human life cannot be purposefully extinguished without some risk of pain.”

Fox News - Marks emphasized that “the Constitution does not guarantee a painless death, and human life cannot be purposefully extinguished without some risk of pain.”

Fox News - Marks emphasized that "the Constitution does not guarantee a painless death, and human life cannot be purposefully extinguished without some risk of pain."

CNN - The ruling was based on the determination that nitrogen gas execution is unconstitutionally cruel.

HOW:

Fox News - Marks ruled that inmates challenging execution methods must suggest an alternative method, which in this case could be a firing squad.

Fox News - Marks noted that the state is able to source and train volunteers willing to carry out a firing squad execution.

CNN - Marks indicated that the state can readily obtain rifles, ammunition, and other materials necessary to carry out a firing squad execution.

Fox News - Marks ruled that inmates challenging execution methods must suggest an alternative method, which in this case could be a firing squad.

CNN - Marks noted that the state is able to source and train volunteers willing to carry out a firing squad execution.

CNN - Marks stated that the state can readily obtain rifles, ammunition, and other materials necessary for a firing squad execution.

CNN - The state would be able to modify space at Holman to carry out executions by firing squad and source and train volunteers for the execution.

(UPDATED June 10, 2026 21:47 UTC)

A federal appeals court has determined that Alabama's use of nitrogen gas for executions requires further examination regarding its constitutionality, citing a "substantial risk of serious harm" associated with the method. The court noted that a three-minute loss of awareness during execution is deemed "intolerable," and emphasized that no execution method is likely to escape constitutional scrutiny. Inmates contesting execution methods must propose an alternative, which could potentially include a firing squad.

(UPDATED June 10, 2026 17:55 UTC)

The state is considering switching to a firing squad as an alternative execution method, with Marks stating that they can easily obtain the necessary rifles and ammunition. He emphasized that any execution method is likely to face constitutional challenges, highlighting the torturous nature of certain methods, which he believes could violate both constitutional and international law. Additionally, Marks ruled that inmates challenging execution methods must propose an alternative, which in this case could be the firing squad, and noted that the state could modify space at Holman to facilitate this process.

(UPDATED June 10, 2026 16:13 UTC)

A judge has ruled that the state can change the method of execution for an inmate to a firing squad, which is the inmate's preferred choice. The judge emphasized that while the Constitution does not guarantee a painless death, any method must be considered carefully, stating that “three minutes of conscious suffocation is torturous,” according to legal expert Bernard Harcourt. Additionally, the judge noted that the state has the capability to source and train volunteers to carry out this type of execution.

(UPDATED June 10, 2026 12:06 UTC)

A recent ruling by the appeals court determined that Alabama's nitrogen gas execution protocol violates the Eighth Amendment, as it constitutes cruel and unusual punishment and carries a substantial risk of serious harm. The court described a three-minute loss of awareness during the execution as intolerable, leading to concerns about the potential adoption of a firing squad as an alternative method, which would likely face constitutional challenges. Marks noted that the state could easily acquire the necessary rifles and ammunition to implement a firing squad execution if it were to go that route.

(UPDATED June 10, 2026 08:18 UTC)

Alabama began using nitrogen gas for executions in January 2024, with Kenneth Eugene Smith being the first person executed by this method. An appeals court found that the nitrogen gas execution method carries "a substantial risk of serious harm," describing a three-minute loss of awareness as "intolerable." Inmates challenging execution methods must propose an alternative, which could include a firing squad, according to the ruling by Marks, who emphasized that "the Constitution does not guarantee a painless death."

(UPDATED June 10, 2026 01:44 UTC)

Alabama Attorney General Steve Marshall's office is considering an appeal following a recent ruling, while Jeffery Lee's legal team has not yet commented on the decision. The case is expected to reach the US Supreme Court, which has previously permitted nitrogen executions, and Marks emphasized that the Constitution does not guarantee a painless death. Additionally, Marks mentioned that the state has the capability to source and train volunteers for a firing squad execution.

(UPDATED June 9, 2026 23:23 UTC)

A federal judge has permanently blocked Alabama from executing inmate Jeffery Lee with nitrogen gas, declaring that this method violates the ban on cruel and unusual punishment. US District Judge Emily C. Marks noted that while Alabama has two other authorized execution methods, lethal injection and the electric chair, the state could also switch to a firing squad as an alternative. Attorney General Steve Marshall is currently reviewing the decision, which comes just ahead of Lee's scheduled execution on Thursday.