Alabama Receives Approval to Proceed with First Execution Using Nitrogen Gas

In a groundbreaking decision, the 11th U.S. Circuit Court of Appeals ruled on Wednesday that Alabama can move forward with its plan to conduct the first execution in the United States using nitrogen gas. The court was not convinced that this method violates the constitutional ban on cruel and unusual punishment. Unless there is any last-minute court or state intervention, Kenneth Eugene Smith is scheduled to die as soon as Thursday through nitrogen hypoxia, a process in which a person breathes only nitrogen and ultimately dies from a lack of oxygen.

This ruling aligns with a previous decision made earlier this month by a federal judge in Alabama who supported the state Corrections Department's intention to utilize nitrogen gas in Smith's execution. The majority ruling from the appeals court acknowledged that death by nitrogen hypoxia is a new and novel method. However, they emphasized that because they are bound by Supreme Court precedent, Smith cannot argue that the use of this method alone constitutes cruel and unusual punishment in violation of the Eighth Amendment.

Circuit Judge Jill Pryor, in a dissenting opinion, expressed her concerns regarding the untested nature of the execution method. She worried about the potential impact on Smith's human dignity and the broader implications for society. Despite her reservations, the court's majority ruling stands.

Attorneys representing Smith were not immediately available for comment. His legal team had also petitioned the U.S. Supreme Court to review his case earlier this month. However, the justices rejected his request for a stay of execution. It remains possible that the case could come before them again in the final hours due to other ongoing legal challenges.

Smith, aged 58, is facing execution for his involvement in the 1988 murder-for-hire killing of a preacher's wife in Colbert County, Alabama. The state of Alabama approved the use of nitrogen hypoxia for executions in 2018, as the primary method of lethal injection has become increasingly challenging due to a scarcity of the necessary drugs.

This execution had initially been scheduled for November 2022, using lethal injection. However, it was postponed when prison staff members were unable to find a suitable vein for the procedure. This incident, along with other problems related to lethal injection in Alabama, prompted the state to temporarily halt all executions.

The use of nitrogen gas in executions has sparked significant debate and controversy. Advocates argue that it provides a more humane alternative to traditional methods, while critics express concerns about the untested nature of the process and its potential impact on the dignity of the condemned individuals. As Alabama prepares for this historic execution, the nation watches closely, awaiting the outcome and the potential implications for future capital punishment practices.