On June 11, the state of Alabama plans to execute Jeffrey Lee with nitrogen hypoxia . He will be the ninth person put to death by this method since its first use in 2024. Lee contends that nitrogen hypoxia will cause him great suffering. On May 28, Federal District Judge Emily Marks agreed with him but said his execution could proceed nonetheless. Hers is a remarkable and shockingly candid decision. It made history, coming after the first trial in the country on the constitutionality of nitrogen hypoxia. To her credit, Judge Marks offered an unusually detailed picture of the pain imposed by capital punishment.
A three-judge panel ordered a lower court to consider the feasibility of a firing squad for Jeffrey Lee but did not immediately stay his scheduled Thursday execution. A federal appeals court Monday ordered a new hearing for an Alabama death row inmate scheduled to be executed on Thursday, but did not stay the execution. The three judge panel of 11th Circuit Court of Appeals judges — U.S. District Court judges Adalberto Jordan, Robert J. Luck and Embry Kidd, appointed by Presidents Barack Obama, Donald Trump and Joe Biden — ruled that Alabama’s use of nitrogen gas for executions violated the Eighth Amendment protections against cruel and unusual punishment for Jeffrey Lee, 50, who was sentenced to die for the 1998 murders of Jimmy Ellis and Elaine Thompson during a pawn shop robbery.