SCOTUS Allows Alabama To Use Nitrogen Execution

Courthouse News reports:

The Supreme Court refused to pause an experimental execution in Alabama on Wednesday, allowing the state to move forward with the U.S.’s first oxygen deprivation execution. Kenneth Eugene Smith asked the Supreme Court to block Alabama’s second shot at carrying out his death sentence.

In 2022, Alabama spent nearly two hours poking and prodding Smith while he lay in pain on the execution table. The state was forced to abandon the attempt — the second time it had to do so in three months — when officials were unable to establish an IV line before Smith’s death warrant expired.

The court did not explain its decision not to pause Smith’s execution or review his appeal. There were no public dissents.

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