The Supreme Court on Thursday upheld a federal judge’s order blocking Alabama from executing inmate Jeffery Lee using nitrogen gas. Lee was scheduled for execution at 6 p.m. local time under Alabama’s nitrogen hypoxia protocol, but the state did not proceed pending the Supreme Court's decision. The court voted 6-3 to maintain the stay, with Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissenting. The court did not provide an explanation for its decision.
Earlier this week, U.S. District Judge Emily Marks ruled that nitrogen hypoxia is unconstitutional, reversing her previous decision from May that had approved the method. The 11th Circuit Court of Appeals had cited a “substantial risk of serious harm” associated with nitrogen hypoxia. Alabama Attorney General Steve Marshall appealed Marks’ ruling to the Supreme Court, but the appeal was unsuccessful.
Alabama Governor Kay Ivey expressed disappointment with the Supreme Court’s ruling but noted that it did not overturn Lee’s death sentence, allowing for a future rescheduling of the execution. Lee’s legal team celebrated the decision, stating that two courts had ruled the execution method unconstitutional and emphasizing the jury's original verdict for a life sentence without parole. Alabama is one of five states that permit execution by nitrogen gas, having been the first to authorize the method.