Judge Declares Nitrogen Execution Unconstitutional; State Must Explore Alternative Methods

Judge Emily Marks, who had initially permitted the execution, argued that no method of execution is entirely devoid of suffering.

June 9, 2026

A U.S. federal judge has permanently halted Alabama’s use of nitrogen gas for executing a death row inmate, ruling the method unconstitutional under the Eighth Amendment’s prohibition against cruel and unusual punishment.

On Tuesday, U.S. District Judge Emily C. Marks issued a permanent injunction preventing the state from carrying out Jeffery Lee’s execution by nitrogen gas, which was scheduled for Thursday at an Alabama prison.

The ruling follows an appeals court’s recent reversal of Marks’ earlier determination that the method was constitutional.

The case hinges on the interpretation of the U.S. Constitution’s Eighth Amendment, which prohibits the infliction of “cruel and unusual punishments.” The judge’s decision has sparked debate over the legal and ethical boundaries of capital punishment methods.

A spokesperson for Alabama Attorney General Steve Marshall confirmed the state is evaluating its options, including appealing the decision. The matter is expected to reach the U.S. Supreme Court, which has previously permitted nitrogen gas executions.

Lee’s legal team has not issued a public statement, though they have raised concerns about the state’s shift to alternative methods.

In her 26-page ruling, Marks acknowledged the inevitability of legal challenges in death penalty cases, stating, “Were Alabama to adopt firing squad as a method of execution, that method would likely be challenged as well. Indeed, there is likely no method — no matter how humane — that would be immune to constitutional challenge.”

“But the Constitution does not guarantee a painless death, and human life cannot be purposefully extinguished without some risk of pain. The Court, the condemned, and the State must all confront that sobering reality,” Marks wrote.

Marks emphasized that Alabama’s existing execution methods—lethal injection and the electric chair—remain legally permissible. She ruled that Lee cannot block the use of these alternatives but could opt for a firing squad if he requests it.

“The State can readily obtain rifles, ammunition, and other materials necessary to carry out a firing squad execution,” Marks noted. “Additionally, the State would be able to modify space at Holman to carry out executions by firing squad. The State is also able to source and train volunteers willing to carry out such an execution.”

Lee is currently incarcerated at Holman Correctional Facility in Atmore. The case may now proceed to higher courts, where legal interpretations of constitutional rights and execution procedures will be scrutinized further.