Supreme Court Rejects Pleas to Halt Alabama Inmate’s Execution by Nitrogen Gas
In a groundbreaking decision, the US Supreme Court has denied requests to halt the execution of Alabama death row inmate Kenneth Smith. Scheduled to face death by nitrogen gas this week, Smith’s case has stirred controversy over the novel execution method, raising concerns about potential pain and secrecy.
Smith, convicted for his role in a 1988 murder-for-hire, is set to be executed within a 30-hour window starting Thursday. Alabama opted for nitrogen gas after aborting a lethal injection attempt 14 months ago due to difficulties in establishing an intravenous line before the execution warrant expired.
The Supreme Court rejected Smith’s plea to pause the execution, where he argued that a second attempt would constitute cruel and unusual punishment, violating constitutional amendments. The justices provided no detailed explanation for their decision.
While litigation continues, Alabama, Oklahoma, and Mississippi are the only states to approve nitrogen hypoxia, with Alabama being the sole state to outline a protocol for its use, involving delivery through a mask.
Smith’s lawyers sought a separate appeal from the US Court of Appeals for the Eleventh Circuit, which also denied the request. The court stated that Smith failed to show a substantial likelihood of success on the merits of his claims.
The appeal highlighted Alabama’s alteration of the execution plan, particularly the last meal schedule change in response to Smith reportedly experiencing repeated vomiting. Critics fear that vomiting into the mask during nitrogen gas administration could lead to a torturous death.
Alabama’s Attorney General, Steve Marshall, expressed confidence that the Supreme Court would uphold the decision, emphasizing the state’s commitment to justice for the victim, Elizabeth Sennett.
United Nations experts expressed alarm over the impending execution, asserting concerns about the potential for a painful and humiliating death. Dr. Joel Zivot, an anesthesiology and surgery professor, questioned whether nitrogen gas execution would align with constitutional standards of cruelty and torture.
Smith’s execution, if carried out, would mark only the second instance in US history of attempting to execute an inmate a second time after an initial failure. The state contends that nitrogen hypoxia is a humane method, contrasting it with Smith’s crime in 1988.
Despite ongoing controversies and international concerns, the execution is scheduled to proceed, underscoring the ethical and legal debates surrounding the use of nitrogen gas in capital punishment.
US Supreme Court refuses to block Alabama from executing man using untested method of nitrogen gas https://t.co/lIMCxILb2U
— BBC News (World) (@BBCWorld) January 24, 2024