Nitrogen gas execution blocked as courts weigh method's constitutionality
Courts blocked nitrogen gas execution as states adopt new methods amid drug shortages and rising execution numbers.
Event / Politics
Alabama Nitrogen Gas Execution Blocked
The U.S. Supreme Court blocked Alabama's execution of Jeffery Lee by nitrogen hypoxia on June 12, 2026, ruling 6-3 that the method violates the Eighth Amendment's ban on cruel and unusual punishment. Federal courts found nitrogen hypoxia causes severe pain during the unconsciousness period. Lee was convicted of a 1998 double murder and sentenced to death partly through judicial override.
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2026-08-16 to 2026-11-13 · UTC publication dates
Coverage begins 12 Jun, 06:36 UTC
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What happened
Jeffery Lee convicted of 1998 double murder in Alabama pawnshop robbery
Jeffery Lee was convicted of two counts of capital murder for killing Jimmy Ellis and Elaine Thompson during a robbery at Jimmy's Pawnshop on December 12, 1998. Lee entered the pawnshop with a sawed-off shotgun and shot Ellis, the owner, and Thompson, an employee. A jury voted 7-5 to sentence Lee to life imprisonment, but a judge used Alabama's judicial override provision to impose the death sentence.
States execute 47 people in 2025, highest in over a decade
According to the Death Penalty Information Center, states executed 47 people in 2025, marking the highest number of executions in over a decade. As of June 2026, states had executed 15 people that year, not including Jeffery Lee.
President Trump seeks to expand use of death penalty during second term
President Trump has sought to expand the use of the death penalty during his second term, even though there are currently only three people on federal death row.
Supreme Court approves first nitrogen gas execution in 2024
The Supreme Court signed off on the state's first execution by nitrogen gas in 2024, allowing the method to proceed despite constitutional challenges.
Eight nitrogen gas executions carried out in United States
Nitrogen gas has been used in eight executions in the United States as of the time Lee's execution was scheduled. Seven of these executions took place in Alabama, and one occurred in Louisiana. Jeffery Lee's execution would have been the ninth nitrogen gas execution in the nation.
Alabama begins nitrogen gas executions in 2024
Alabama began using nitrogen gas as an execution method in 2024. The method involves strapping a respirator to a person's face and replacing breathable air with pure nitrogen gas, causing death from oxygen deprivation. During previous Alabama nitrogen executions, inmates exhibited shaking, pulled at restraints, and displayed labored breathing.
Federal judge rules Alabama nitrogen hypoxia execution protocol violates Eighth Amendment
U.S. District Judge Emily Marks ruled on Tuesday that Alabama's nitrogen hypoxia execution protocol constitutes cruel and unusual punishment in violation of the Eighth Amendment. The ruling came after the 11th Circuit Court of Appeals reversed Marks' initial May decision, finding that the protocol presents a substantial risk of severe pain during the three-minute period before unconsciousness.
11th Circuit reverses ruling on Alabama nitrogen execution protocol constitutionality
A three-judge panel from the 11th U.S. Circuit Court of Appeals reversed U.S. District Judge Emily Marks' initial ruling on Monday, finding that Alabama's nitrogen hypoxia protocol presents a substantial risk of serious harm with severe pain over and above death itself. The panel majority noted that the three minutes it could take for an inmate to lose awareness constitutes an intolerable timeframe given the suffering that would likely occur.
Alabama abolished judicial override in capital cases in 2017
Alabama ended the practice of judicial override in 2017, which previously allowed judges to disregard a jury's sentencing decision in death penalty cases. This change means judges can no longer override jury recommendations in capital sentencing decisions.
Pharmaceutical companies refuse to supply lethal injection drugs
Major pharmaceutical companies refuse to participate in executions by refusing to supply drugs commonly used for lethal injection. This has led states to adopt alternative execution methods including firing squads and gas chambers.
U.S. Supreme Court blocks Alabama nitrogen gas execution of Jeffery Lee
The U.S. Supreme Court declined to lift a lower court injunction blocking Alabama from executing Jeffery Lee using nitrogen gas. The decision came in a 6-3 vote on Thursday evening, with Justices Thomas, Alito, and Gorsuch dissenting. Lee, 49, was scheduled to be executed that evening but the ruling prevented the execution from proceeding by nitrogen hypoxia method.
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2 alternative perspectives
Lee's conviction tied to judicial override practice Alabama later banned
Lee's conviction occurred before Alabama banned judicial override in capital sentencing.
Supreme Court halts nitrogen execution in Alabama constitutional clash
Supreme Court blocked Alabama's first nitrogen gas execution, citing Eighth Amendment constitutional concerns.