{"id":13319,"date":"2026-06-09T13:31:32","date_gmt":"2026-06-09T13:31:32","guid":{"rendered":"https:\/\/siliconvalleymovingpost.com\/?p=13319"},"modified":"2026-06-09T13:31:32","modified_gmt":"2026-06-09T13:31:32","slug":"us-appeals-court-raises-concerns-about-alabamas-use-of-nitrogen-gas-for-executions","status":"publish","type":"post","link":"https:\/\/siliconvalleymovingpost.com\/?p=13319","title":{"rendered":"US appeals court raises concerns about Alabama\u2019s use of nitrogen gas for executions"},"content":{"rendered":"

By KIM CHANDLER<\/strong><\/p>\n

MONTGOMERY, Ala. (AP) \u2014 Alabama\u2019s use of nitrogen gas to put people to death needs more study of whether it violates a constitutional ban on cruel and unusual punishment, a federal appeals court decided Monday.<\/p>

Read more Wall Street points to modest gains in a rebound from last week as oil prices slip<\/a><\/p>\n

The state first used nitrogen for capital punishment in 2024, and the ruling could upend Alabama\u2019s next scheduled execution on Thursday. The method involves strapping a respirator to the person\u2019s face and replacing breathable air with pure nitrogen, causing death from lack of oxygen.<\/p>\n

The three-judge panel on Monday night reversed a judge\u2019s May finding that the nitrogen method does not violate the U.S. Constitution\u2019s ban on cruel and unusual punishment and remanded the case for additional consideration. The ruling came in a lawsuit filed last year by Jeffery Lee, a man on death row who is scheduled to be executed with nitrogen on Thursday at a south Alabama prison.<\/p>\n

The panel stopped short of staying Lee\u2019s planned execution. However, the panel asked the judge to consider whether his proposed alternative of a firing squad was feasible.<\/p>\n

The U.S. Supreme Court requires a two-prong test for people challenging the constitutionality of an execution method. They must show the method provides a substantial risk of superadded pain and that a feasible alternative method is available. The appeals court said Lee met the first test but sent it back to the trial court to consider the second.<\/p>\n

The appeals panel raised concerns about the nitrogen method and how long it might take the subject to lose awareness.<\/p>\n