Nitrogen gas executions are constitutional, federal judge rules
A federal judge has ruled that nitrogen gas executions are constitutional, rejecting claims that the method violates the Eighth Amendment's ban on cruel and unusual punishment. This ruling allows Alabama and other states to continue using nitrogen gas for executions, despite concerns from critics. The decision comes as Alabama prepares to execute inmate Jeffery Lee using this method on June 11.
- ▪A federal judge ruled that nitrogen gas executions do not violate the constitutional ban on cruel and unusual punishment.
- ▪The ruling allows Alabama to continue using nitrogen gas as an execution method, which has been used for eight executions so far.
- ▪Inmate Jeffery Lee is scheduled to be executed by nitrogen gas on June 11, 2026.
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Politics Nitrogen gas executions are constitutional, federal judge rules May 29, 2026 / 7:51 AM EDT / AP Add CBS News on Google Montgomery, Ala. — A federal judge ruled on Thursday that execution by nitrogen gas doesn't violate the constitutional ban on cruel and unusual punishment, rejecting an Alabama inmate's claim that it causes excessive suffering.The ruling came after the first bench trial in the country to examine the constitutionality of the execution method that has now been used to put eight people to death, seven in Alabama and one in Louisiana. The ruling clears the way for Alabama and other states to continue with the method and is a setback for critics who hoped a fuller examination of Alabama's protocol would halt its use.
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