The US Supreme Court has rejected a request to halt the execution of Alabama death row inmate Kenneth Smith, who is scheduled to be put to death this week using a new and controversial method - nitrogen gas. This method has raised concerns among experts who argue that it is shrouded in secrecy and could potentially cause excessive pain or even torture. Smith is set to be executed within a 30-hour window starting Thursday for his involvement in a murder-for-hire case dating back to 1988.

The state of Alabama had initially attempted to execute Smith by lethal injection 14 months ago but was unsuccessful due to the inability to set an intravenous line before the execution warrant expired. Following that incident, Smith expressed his preference to be executed by nitrogen hypoxia, a method that has been approved by Alabama, Oklahoma, and Mississippi, but has not been utilized by any of these states. Only Alabama has outlined a protocol for its implementation.

Smith and his attorneys had filed a request with the Supreme Court last week, seeking to pause the execution and arguing that a second attempt would constitute cruel and unusual punishment, violating the Eighth and 14th amendments. They emphasized that this case raises significant constitutional questions regarding Alabama's decision to try to execute Smith again. However, the Supreme Court, without providing an explanation, denied Smith's requests, and no dissents were noted.

During the failed execution attempt in November 2022, officials repeatedly tried to access Smith's veins by jabbing him in his arms and hands, causing him severe physical pain and psychological torment, including post-traumatic stress disorder, according to his lawyers. They further highlighted that this would be only the second time in US history that a state would attempt to execute an inmate for a second time after a previous failure.

In response to Smith's appeal, the state of Alabama opposed it, arguing that they would be using a different method this time - nitrogen hypoxia - which they described as "perhaps the most humane method of execution ever devised." They also pointed out that this method is far better than the treatment Smith inflicted on his victim, Elizabeth Sennett, almost thirty-six years ago.

Smith's impending execution by nitrogen gas has reignited the debate surrounding the use of new and untested methods of execution, with concerns raised over the potential for pain and suffering. Critics argue that the lack of transparency surrounding the implementation of nitrogen hypoxia raises serious ethical questions, particularly when it comes to ensuring a humane and constitutional execution process.