Judge bars Alabama nitrogen gas execution, says method is unconstitutionally cruel

Protesters gather outside the Capitol in Montgomery, Ala., on Monday, June 8, 2026, to oppose an upcoming execution in Alabama. (AP Photo/Kim Chandler)

2026-06-09T22:17:58Z

MONTGOMERY, Ala. (AP) — A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment.

U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday.

The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

A spokesman for Alabama Attorney General Steve Marshall said the state is reviewing the decision and considering next steps, including an appeal.

A spokeswoman for Lee’s legal team said they did not have an immediate comment.

Death penalty opponents and critics of the nitrogen method welcomed the decision.

“The truth is finally free. Two federal courts have now called nitrogen executions what they are...completely unnecessary,” the Rev. Jeff Hood said.

Hood was a spiritual advisor at two nitrogen executions.

“Indeed, I pray that we are witnessing the collapse of this horrific method nationwide,” Hood added.

In her 26-page ruling, Marks said litigation is a constant in death penalty cases.

“Were Alabama to adopt firing squad as a method of execution, that method would likely be challenged as well. Indeed, there is likely no method — no matter how humane — that would be immune to constitutional challenge. But the Constitution does not guarantee a painless death, and human life cannot be purposefully extinguished without some risk of pain. The Court, the condemned, and the State must all confront that sobering reality,” Marks wrote.

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Marks noted that the state has two other authorized execution methods, 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.”

Marks also ruled that the state could switch to Lee’s preferred method, a firing squad. Inmates challenging execution methods are required to suggest an alternative method.

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“The State can readily obtain rifles, ammunition, and other materials necessary to carry out a firing squad execution. Additionally, the State would be able to modify space at Holman to carry out executions by firing squad. The State is also able to source and train volunteers willing to carry out such an execution,” Marks wrote.

Lee is currently housed at Holman Correctional Facility in Atmore. He was convicted of two counts of capital murder for killing Jimmy Ellis and Elaine Thompson while robbing a pawnshop on Dec. 12, 1998. Prosecutors said Lee entered Jimmy’s Pawnshop with a sawed-off shotgun and shot Ellis, the owner of the store, and Thompson, a store employee.

A jury voted 7-5 that Lee should receive a sentence of life imprisonment. However, a judge overrode that recommendation and sentenced Lee to death. Alabama in 2017 ended the practice of judicial override and no longer allows a judge to disregard a jury’s sentencing decision in death penalty cases.