Federal Judge Blocks Alabama Nitrogen Execution of Death Row Inmate Jeffery Lee
A U.S. district court has permanently halted the planned nitrogen-gas execution of Jeffery Lee, ruling the method unconstitutional, while the state prepares an appeal that could reach the Supreme Court.
A federal judge has permanently stopped Alabama's plan to execute death-row inmate Jeffery Lee by nitrogen hypoxia, finding the method violates the Eighth Amendment's ban on cruel and unusual punishment. Lee, who has been incarcerated for nearly 30 years, said he remains determined to continue his legal fight.
State Attorney General Steve Marshall has appealed the decision, indicating the case may move to the U.S. Supreme Court, which previously allowed nitrogen executions to proceed after last-minute challenges. The attorney general's office declined comment on the appeal.
Lee was scheduled to become the ninth person in the United States to be put to death using nitrogen gas, a method Alabama introduced in 2024 after difficulties obtaining lethal-injection drugs. Seven executions using nitrogen have been carried out in Alabama and one in Louisiana.
The ruling follows a May opinion by U.S. District Judge Emily Marks, who had earlier upheld the method but was reversed by the 11th U.S. Circuit Court of Appeals. The appellate court ordered a review of Lee's request to be executed by firing squad, prompting Marks to issue the permanent injunction against nitrogen execution.
In his appeal, Marshall highlighted logistical and constitutional concerns with a firing-squad protocol, including the challenge of finding willing shooters and the risk of missed shots causing additional suffering.
Lee, convicted in 2000 of two murders and an attempted murder during a robbery, expressed remorse for the crimes and cited his Christian faith as a source of strength. He hopes the court's decision will prevent future nitrogen executions.
Legal experts note that the case could set a precedent for the constitutionality of nitrogen executions nationwide. If the Supreme Court upholds the lower-court ruling, Alabama may be forced to abandon the method; if it reverses the decision, the execution could proceed.
Alabama’s execution protocol also includes lethal injection and electrocution, and the judge warned that the constitutional guarantee does not ensure a painless death, underscoring the inherent risks of any execution method.
The governor’s office stated that the state’s position on carrying out the execution has not changed, while Lee’s attorneys remain hopeful for clemency or a further judicial review.
