A federal judge ruled that nitrogen gas executions are constitutional and do not violate the Eighth Amendment's ban on cruel and unusual punishment. The decision represents important legal support for Alabama, the state that has most used this controversial method of death penalty.

The resolution was issued by federal judge Emily C. Marks, who rejected the lawsuit filed by Jeffery Lee, a prisoner convicted of murder who will be executed on June 11 by nitrogen hypoxia.

According to AP, the trial was the first in the United States to thoroughly analyze the constitutionality of this execution system, used for the first time in Alabama in 2024.

How the nitrogen method works

Nitrogen hypoxia consists of placing a mask over the condemned person's face and replacing oxygen with pure nitrogen, causing death due to lack of breathable air.

During the trial, state and defense attorneys debated how long inmates remain conscious before passing out. Judge Marks acknowledged that the procedure likely causes “severe respiratory distress” for several minutes, although she concluded that this does not rise to the level of cruel and unusual punishment prohibited by the Constitution.

“Lee demonstrates that there is some suffering, but he failed to prove that the protocol is unconstitutional,” the judge wrote in her ruling.

The decision clears the way for Alabama to continue applying the method and could influence other states that have already legally approved the use of nitrogen for executions.

Criticism and debate over the death penalty

The ruling generated immediate reactions. Alabama Attorney General Steve Marshall welcomed the ruling, saying the court confirmed that it is up to citizens and their representatives to decide on capital punishment.

However, organizations that oppose the death penalty harshly criticized the decision. Abraham Bonowitz, director of the group Death Penalty Action, said that execution using nitrogen is equivalent to “conscious asphyxiation.”

“With what we know about these methods, I can't imagine anyone would choose to die like this,” he declared.

The case also reopened the debate over sentences handed down under old judicial systems. In Lee's case, the jury originally recommended life in prison, but a judge overturned that decision and ordered the death penalty, a practice that Alabama officially ended in 2017. Lee's attorneys announced they will appeal the sentence.