The Supreme Court has blocked Alabama from using nitrogen gas to execute Jeffery Lee, a convicted murderer, after lower court judges found the method “likely unconstitutional” in this case. This decision spares Lee for now and could lead to a broader legal fight over this relatively new execution approach.
The unsigned decision typically comes without reasoning. It drew dissent from three conservative justices, Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch. This marks a significant setback for Alabama, which sought to proceed with the execution of 49-year-old Lee. Alabama became the first state to employ nitrogen hypoxia for executions in 2024.
Had the execution proceeded, Lee would have been the eighth person in Alabama and the ninth in the U.S. to face death by this method. The Supreme Court rarely halts an execution at the last minute. Historically, emergency requests to stop executions come directly from prisoners. In this circumstance, a federal appeals court blocked Lee’s execution, prompting Alabama to seek the Supreme Court’s intervention.
This situation unfolds as part of the ongoing debate about the constitutionality of nitrogen hypoxia as an execution method.
Rick Rojas reports on the South as the Atlanta bureau chief for The Times. Abbie VanSickle covers the United States Supreme Court for The Times, bringing a legal and investigative reporting background.
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