The Supreme Court declined to halt Alabama’s first execution using nitrogen gas, scheduled for convicted murderer Kenneth Smith, who survived a botched lethal injection in 2022.
Smith’s request to stay his execution was denied, along with his legal challenge contending that a second execution attempt would violate the Eighth Amendment.
The justices’ decision leaves room for further litigation regarding the nitrogen gas protocol.
Alabama’s review of execution procedures followed previous problems, leading to the introduction of a nitrogen hypoxia method.
Alabama’s Attorney General called the method “perhaps the most humane method of execution ever devised.”
The U.N. human rights office urged Alabama to halt the execution, citing potential violations of international law.
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