execution

Judge Emily Marks had previously allowed the execution to proceed, arguing that no execution is entirely without pain.

A federal judge in the United States has permanently blocked Alabama from executing an inmate with nitrogen gas, after declaring that the method violates the ban on cruel and unusual punishment.

On Tuesday, US District Judge Emily C Marks permanently enjoined the state from executing Jeffery Lee by nitrogen gas. Lee was scheduled to be executed Thursday at an Alabama prison.

Her decision came a day after an appeals court reversed her earlier ruling that the method is constitutional.

The case centres on how to interpret the US Constitution’s Eighth Amendment, which bars the government from inflicting “cruel and unusual punishments”.

A spokesman for Alabama Attorney General Steve Marshall said the state is reviewing the decision and considering next steps, including an appeal. The case will likely end up before the US Supreme Court, which has previously let nitrogen executions proceed.

A spokeswoman for Lee’s legal team said they did not have an immediate comment.

In her 26-page ruling, Marks said litigation is a constant in death penalty cases.

“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,” Marks wrote.

“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 noted that the state has two other authorised execution methods: lethal injection and the electric chair. She said Lee is “not entitled to an injunction barring the State from executing him using one of those methods”.

Marks also ruled that the state could switch to Lee’s preferred method, a firing squad. Inmates challenging execution methods are required to suggest an alternative method.

“The State can readily obtain rifles, ammunition, and other materials necessary to carry out a firing squad execution,” Marks wrote.

“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 housed at Holman Correctional Facility in Atmore.

WASHINGTON — The Justice Department will adopt firing squads as a permitted method of execution as the Trump administration moves to ramp up and expedite capital punishment cases, officials said Friday.

The Justice Department is also reauthorizing the use of single-drug lethal injections with pentobarbital that were used to carry out 13 executions during the first Trump administration — more than under any president in modern history. The Biden administration had removed pentobarbital from the federal protocol over concerns about the potential for unnecessary pain and suffering.

The moves were announced as part of a broader push to step up federal executions after a moratorium under the Biden administration. Only three defendants remain on federal death row after Democratic President Biden converted 37 sentences to life in prison, though the Trump administration has so far authorized seeking death sentences against 44 defendants.

“The prior administration failed in its duty to protect the American people by refusing to pursue and carry out the ultimate punishment against the most dangerous criminals, including terrorists, child murderers, and cop killers,” Acting Atty. Gen. Todd Blanche said in a statement. “Under President Trump’s leadership, the Department of Justice is once again enforcing the law and standing with victims.”

The federal government has not previously included firing squad as a method of execution in its protocols, according to the Death Penalty Information Center. Five states currently allow executions by firing squad: Idaho, Mississippi, Oklahoma, South Carolina, and Utah.

The pentobarbital protocol was adopted by William Barr, attorney general during Trump’s first term, to replace a three-drug mix used in the 2000s, the last time federal executions were carried out before Trump’s first term in office.

Atty. Gen. Merrick Garland in the final days of the Biden administration withdrew the pentobarbital lethal injection policy after a government review of scientific and medical research found there remains “significant uncertainty” about whether its use causes unnecessary pain and suffering.”

In 2020, under Barr’s leadership, the Justice Department published a rule in the Federal Register to allow the federal government to conduct executions by lethal injection or use “any other manner prescribed by the law of the state in which the sentence was imposed.”

A number of states allow other methods of execution, including electrocution and inhalation of nitrogen gas.

The Trump administration, in a report released Friday, said the Biden administration “got the standard and the science wrong.” The Biden administration’s findings, among other things, “failed to address the overwhelming evidence” that a person injected with pentobarbital “quickly loses consciousness — rendering him unable to experience pain,” the report said.

Currently on death row are are Dylann Roof, who carried out the 2015 slayings of nine Black members of Mother Emanuel AME Church in Charleston, S.C.; 2013 Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who fatally shot 11 congregants at Pittsburgh’s Tree of Life synagogue in 2018, the deadliest antisemitic attack in U.S history.

Richer writes for the Associated Press.