US judge rules nitrogen gas execution method unconstitutional nationwide

US District Judge Emily C Marks has issued a permanent injunction blocking Alabama from executing inmate Jeffery Lee by nitrogen gas, citing the method as violating the ban on cruel and unusual punishment. The ruling comes after an appeals court reversed her earlier decision that the method was constitutional.

The case centers on the interpretation of the US Constitution’s Eighth Amendment, which prohibits the government from inflicting “cruel and unusual punishments.” Judge Marks’ 26-page ruling states that litigation is a constant in death penalty cases, and that no execution method can guarantee a painless death. She noted that human life cannot be purposefully extinguished without some risk of pain.

The state has two authorized execution methods: lethal injection and the electric chair. However, Judge Marks ruled that Lee is not entitled to an injunction barring the state from executing him using one of those methods. She also allowed the state to switch to Lee’s preferred method, a firing squad, as inmates challenging execution methods are required to suggest an alternative.

The ruling comes after an appeals court reversed Judge Marks’ earlier decision. The case will likely end up before the US Supreme Court, which has previously allowed nitrogen executions to proceed. A spokesman for Alabama Attorney General Steve Marshall said the state is reviewing the decision and considering next steps, including an appeal.

Source: Al Jazeera