Alabama Seeks Court Approval for Controversial Nitrogen Executions

WHO:

CBS News - Jeffrey Lee, 49, is the death row inmate awaiting execution.

CBS News - Alabama Attorney General Steve Marshall is leading the appeal to the U.S. Supreme Court.

CBS News - U.S. District Judge Emily Marks ruled on the case.

ABC News - Alabama Governor Kay Ivey's office is involved in the execution process.

WHAT:

CBS News - A federal judge ruled that Alabama's nitrogen protocol is unconstitutional and blocked the state from using it to execute Jeffrey Lee.

NPR - The Supreme Court ruled that Alabama cannot immediately execute Jeffery Lee using nitrogen gas, upholding a lower court order that blocked the execution on Eighth Amendment grounds.

ABC News - The 11th U.S. Circuit Court of Appeals, in a 2-1 decision, rejected Alabama's request to stay the ruling that deemed the nitrogen execution method unconstitutional.

ABC News - The court stated that the three minutes it could take for an inmate to lose awareness under the nitrogen hypoxia method is an "intolerable" time frame.

CBS News - Alabama is seeking to carry out an execution using nitrogen hypoxia.

CBS News - A federal judge ruled that Alabama's nitrogen execution method is unconstitutional.

ABC News - The nitrogen hypoxia method has been used in eight executions in the U.S., with seven in Alabama and one in Louisiana.

ABC News - Lee was scheduled to be the ninth person executed by nitrogen gas.

CBS News - A federal judge ruled that Alabama's nitrogen protocol is unconstitutional and blocked the state from using it to execute Jeffrey Lee.

ABC News - The 11th U.S. Circuit Court of Appeals, in a 2-1 decision, rejected Alabama's request to stay the ruling that deemed the nitrogen execution method unconstitutional.

NPR - The Supreme Court ruled that Alabama cannot immediately execute a man using nitrogen gas, upholding a lower court order that blocked the execution.

NPR - The Supreme Court's decision denied Alabama's request to proceed with the execution, which was scheduled for July 11.

ABC News - The court stated that the three minutes it could take for an inmate to lose awareness under the nitrogen hypoxia method is an "intolerable" time frame.

NPR - The Supreme Court ruled that Alabama cannot immediately execute Jeffery Lee using nitrogen gas, upholding a lower court order that blocked the execution on Eighth Amendment grounds.

NPR - The Supreme Court's decision denied Alabama's request to proceed with the execution, which was scheduled for July 11.

NPR - The appeals court previously ruled that Alabama's nitrogen protocol presents a "substantial risk of serious harm—severe pain over and above death itself."

CBS News - The Alabama Attorney General's Office petitioned the U.S. Supreme Court to reverse a federal judge's decision that permanently banned the state from executing Jeffrey Lee using nitrogen hypoxia.

CBS News - A spokesperson for Alabama Governor Kay Ivey's office stated that "the governor remains prepared to move forward with the planned execution" while the state "continues to defend its execution protocol in the courts."

ABC News - The 11th U.S. Circuit Court of Appeals rejected Alabama's request to stay the ruling that deemed the nitrogen execution method unconstitutional.

ABC News - The court stated that the three minutes it could take for an inmate to lose awareness under the nitrogen hypoxia method is an "intolerable" time frame.

CBS News - Alabama is seeking to carry out an execution using nitrogen hypoxia.

CBS News - A federal judge ruled that Alabama's nitrogen execution method is unconstitutional.

ABC News - The nitrogen hypoxia method has been used in eight executions in the U.S., with seven in Alabama and one in Louisiana.

ABC News - Lee was scheduled to be the ninth person executed by nitrogen gas.

WHERE:

CBS News - The execution is set to take place in Alabama.

WHEN:

CBS News - The execution was scheduled for Thursday night.

ABC News - The nitrogen execution method was first introduced in Alabama in 2024.

ABC News - Lee was convicted for crimes committed on December 12, 1998.

WHY:

CBS News - Alabama's appeal argued that executing Lee by firing squad was "not feasible or readily implemented" because the state does not currently have a protocol in place for it.

CBS News - The appeal is based on a federal judge's ruling that the nitrogen hypoxia method violates the Eighth Amendment's ban on cruel and unusual punishment.

CBS News - Alabama's appeal argued that executing Lee by firing squad was "not feasible or readily implemented" because the state does not currently have a protocol in place for it.

CBS News - The appeal is based on a federal judge's ruling that the nitrogen hypoxia method violates the Eighth Amendment's ban on cruel and unusual punishment.

ABC News - The Alabama Attorney General's office argues that executing Lee by firing squad is "not feasible or readily implemented."

HOW:

CBS News - Witnesses of previous nitrogen executions reported that inmates exhibited signs of distress, including thrashing and moaning, for several minutes before losing consciousness.

NPR - Witnesses and advocates have reported that individuals executed using nitrogen gas exhibit distress, including writhing and retching, during the process.

CBS News - The nitrogen hypoxia method involves strapping a gas mask to the inmate's face and forcing them to inhale pure nitrogen, leading to death by asphyxiation.

ABC News - The 11th U.S. Circuit Court of Appeals stated that the time it takes for an inmate to lose awareness under this method is "intolerable."

CBS News - Witnesses of previous nitrogen executions reported that inmates exhibited signs of distress, including thrashing and moaning, for several minutes before losing consciousness.

NPR - Witnesses and advocates have reported that individuals executed using nitrogen gas exhibit distress, including writhing and retching, during the process.

CBS News - Witnesses of previous nitrogen executions reported that inmates exhibited signs of distress, including thrashing and moaning, for several minutes before losing consciousness.

CBS News - The nitrogen hypoxia method involves strapping a gas mask to the inmate's face and forcing them to inhale pure nitrogen, leading to death by asphyxiation.

ABC News - The 11th U.S. Circuit Court of Appeals stated that the time it takes for an inmate to lose awareness under this method is "intolerable."

(UPDATED June 12, 2026 19:37 UTC)

A federal judge has ruled that Alabama's nitrogen execution method is unconstitutional, blocking the state from using it to execute Jeffrey Lee. The Supreme Court upheld this decision, stating that the three minutes it could take for an inmate to lose awareness under nitrogen hypoxia is an "intolerable" timeframe, while the 11th U.S. Circuit Court of Appeals rejected Alabama's request to stay the ruling. Witnesses of previous nitrogen executions have reported signs of distress, including thrashing and moaning, raising serious concerns about the method's compliance with the Eighth Amendment's ban on cruel and unusual punishment.

(UPDATED June 12, 2026 10:20 UTC)

A federal judge has ruled that Alabama's nitrogen execution protocol is unconstitutional, blocking the state from using it to execute Jeffrey Lee. The Supreme Court upheld this decision, denying Alabama's request to proceed with the execution scheduled for July 11, citing that the three minutes it could take for an inmate to lose awareness under nitrogen hypoxia is an "intolerable" time frame. Alabama's appeal argued that executing Lee by firing squad was not feasible, as the state currently lacks a protocol for that method.

(UPDATED June 12, 2026 06:29 UTC)

The Supreme Court has ruled that Alabama cannot proceed with the execution of Jeffery Lee using nitrogen gas, upholding a lower court's order that blocked the execution on Eighth Amendment grounds. This decision denies Alabama's request to move forward with the execution, which was scheduled for July 11, after an appeals court found that the state's nitrogen protocol poses a substantial risk of serious harm. Witnesses and advocates have reported that individuals executed with nitrogen gas often show signs of distress, including writhing and retching during the process.

(UPDATED June 12, 2026 04:21 UTC)

The Alabama Attorney General's Office has petitioned the U.S. Supreme Court to overturn a federal judge's ruling that permanently banned the state from executing Jeffrey Lee using nitrogen hypoxia. Meanwhile, a spokesperson for Governor Kay Ivey's office emphasized that the governor is ready to proceed with the planned execution as Alabama continues to defend its execution protocol in court. The 11th U.S. Circuit Court of Appeals recently rejected Alabama's request to stay the ruling, citing concerns that the three minutes it could take for an inmate to lose awareness under nitrogen hypoxia is an "intolerable" time frame.

(UPDATED June 11, 2026 21:43 UTC)

Jeffrey Lee, a 49-year-old death row inmate in Alabama, is awaiting execution as the state seeks to carry out the process using nitrogen hypoxia, a method that has faced legal challenges. A federal judge recently ruled that this execution method is unconstitutional, prompting Alabama Attorney General Steve Marshall to lead an appeal to the U.S. Supreme Court, while Governor Kay Ivey's office remains involved in the execution process. The nitrogen hypoxia method, which has been used in eight executions across the U.S., involves strapping a gas mask to the inmate's face and forcing them to inhale pure nitrogen, leading to death by asphyxiation, but concerns have been raised about the time it takes for an inmate to lose awareness under this method.