A federal judge in Alabama ruled this week that the state is authorized to use nitrogen gas in the execution of death row inmate Kenneth Smith, scheduled for execution on January 25th. Smith has been on death row since his conviction for murder in 1988. The execution was initially scheduled for November 17, 2022, but was postponed after an unsuccessful attempt at lethal injection.
Following the failed execution attempt, Alabama Attorney General Steve Marshall filed a motion to administer death by means of nitrogen hypoxia. Although allowed in two other states, Alabama will be the first state to actively employ this execution method.
In response to the decision to use nitrogen gas, Smith sought an injunction on the grounds that the execution method contravened the First, Eighth, and Fourteenth Amendments of the US Constitution. His argument referenced the American Veterinary Medical Association (AVMA) Guidelines for Euthanasia of Animals, which recommends nitrogen for euthanizing pigs, but no other mammals. Nevertheless, Judge R. Austin Huffaker Jr. of the Middle District of Alabama rejected Smith’s injunction and ruled the execution will proceed as planned.
Skepticism surrounding the use of nitrogen gas extends beyond Smith’s case. Last week, UN experts urged the US to cancel the execution, arguing that nitrogen hypoxia is inhumane. Death penalty abolitionists have also publicly opposed this execution method and called on the Jewish community to intervene. Critics argue that the precedent this execution may establish for future death penalty cases could be alarming.
Others express concern about potential safety hazards to those present during the execution. The Death Penalty Information Center cautions that the use of nitrogen hypoxia, untested in previous executions, raises questions about the procedure’s safety to staff, witnesses, and spiritual advisors.
With no legal intervention, the execution of Smith utilizing nitrogen gas is set to proceed on January 25th.