Judge blocks Alabama's nitrogen execution method

A federal judge has permanently blocked Alabama from using nitrogen gas to execute inmates, ruling the method violates the constitutional ban on cruel and unusual punishment. The decision, issued on Tuesday, June 9, 2026, by U.S. District Judge Emily C. Marks, came a day after a federal appeals court reversed her earlier finding that the method was constitutional.

The legal challenge centers on the state's planned execution of death row inmate Jeffery Lee, who was scheduled to be put to death by nitrogen hypoxia on Thursday, June 11. The 58-year-old Lee was convicted of killing two people during a 1998 robbery. His lawsuit, filed last year, argued the method causes excessive suffering, citing the state's previous use of it. In 2024, Alabama became the first state to execute an inmate, Kenneth Eugene Smith, with nitrogen gas. Witnesses reported Smith shook violently for several minutes during the procedure, which his lawsuit described as torturous.

On Monday, a three-judge panel of the 11th U.S. Circuit Court of Appeals sent Lee's case back to Judge Marks for additional consideration, stating the method needed more study to determine its constitutionality. The appellate panel did...