A federal judge in Alabama has permanently barred the state from using nitrogen gas in its executions. The ruling, made by U.S. District Judge Emily C. Marks, stated that the method violates the ban on cruel and unusual punishment.

Background of the Case

The case involved Jeffery Lee, who was scheduled to be executed at Atmore Prison. Lee was given the death penalty despite the jury at his trial voting for life. The judge overturned the jury’s vote under a since-abolished procedure called judicial override.

According to the Equal Justice Initiative, the use of nitrogen gas can cause feelings of suffocation and choking to death on one’s own vomit, as well as brain damage, a stroke, or a persistent vegetative state instead of death.

Reaction from the State

Attorney General Steve Marshall issued a press release calling for Lee’s execution, stating that there is no question as to his guilt. Marshall said the state will appeal the ruling, which will likely end up before the U.S. Supreme Court.

Judge Marks noted that Alabama has two other execution methods available, lethal injection and the electric chair. She said Lee is not entitled to an injunction barring the state from executing him using one of those methods.

Original reporting: The Tuscaloosa Thread — read the source article.