The Supreme Court refuses to stop Alabama's nitrogen execution

The U.S. Supreme Court and a federal appeals court each declined Wednesday to intervene to stop Alabama from carrying out the nation's first-ever execution with nitrogen gas, putting the state on track to use the new method to carry out a murder. murder a death row inmate.

Alabama plans to use nitrogen gas to kill Kenneth Smith, who was convicted of a 1988 murder after the state failed in its previous attempt to execute him by lethal injection in November 2022. Barring further legal intervention, prison officials plan to take him to prison. execution chamber in Atmore, Alabama, on Thursday evening, placed a mask on his face and pumped nitrogen into it, depriving him of oxygen until he died.

The Supreme Court declined to intervene in Mr. Smith's appeal of a state lawsuit in which his lawyers had argued that the second execution attempt would violate his Eighth Amendment right to be free from cruel and unusual punishment. The court's order contained no explanation and noted no dissent.

Hours later, in response to a separate challenge by Mr. Smith's lawyers, a federal appeals court ruled also refused to stop the execution due to the dissent of one of the three judges who had heard the case. Mr Smith's lawyers said they would also appeal the case to the Supreme Court, potentially giving the justices another chance to intervene, although they have been reluctant to do so in appeals to the Supreme Court in recent years last moment against the death penalty.

Nitrogen gas has been used in assisted suicide in Europe and elsewhere, and the state's lawyers argue that the method – known as nitrogen hypoxia – is painless and will quickly cause Mr Smith to lose consciousness before he dies.

But Mr. Smith and his lawyers have said they fear the state's newly created protocol is not enough to prevent problems that could cause Mr. Smith serious suffering. The lawyers said in the lawsuits that if the mask fit poorly, it could let in oxygen and prolong Mr. Smith's suffering, or if he became nauseous, he could “choke on his own vomit.”

The execution is expected to take place at the William C. Holman Correctional Facility around 6:00 PM Central Time, but could be carried out anytime until 6:00 AM the following morning. Mr. Smith has recently reported feeling increasingly nauseous as his concerns about the impending execution grow, raising his lawyers' fears about an accident during the execution. Alabama prison officials said this week that they do not plan to let him eat anything after 10 a.m. Thursday, in an effort to reduce the chance of him vomiting.

Abbie VanSickle reporting contributed.