U.S. Supreme Court

Supreme Court spares Alabama man from nitrogen gas execution

Jeffery Lee mugshot

Alabama death row inmate Jeffery Lee was spared execution by nitrogen gas after the Supreme Court let stand a lower court ruling that the method constituted cruel and unusual punishment. (Photo courtesy of the Alabama Department of Corrections)

An Alabama man facing the death penalty by nitrogen gas won a temporary reprieve after the U.S. Supreme Court refused to set aside a lower-court ruling that found that the method is unconstitutionally cruel.

The high court issued a brief order that halted the planned execution of convicted murderer and Alabama death row inmate Jeffery Lee on Thursday, the Associated Press reports. The justices decided not to lift an injunction blocking Alabama from carrying out what would have been the nation’s ninth execution by nitrogen gas.

In doing so, the Supreme Court rejected a last-minute legal battle by the state that planned to carry out the sentence in the evening. A spokesperson for the Alabama Department of Corrections said the execution was off for the evening and the state would not try another method, according to the AP.

The high court voted 6-3 without issuing an explanation. Three of the conservative justices—Justice Clarence Thomas, Justice Samuel Alito Justice and Neil Gorsuch—said they would grant Alabama’s request to lift the injunction and let the execution go forward.

Lee’s legal team hailed the decision, noting in a statement that his jury voted for a life sentence, which a judge overruled. Alabama Attorney General Steve Marshall also issued a statement, promising the families of the victims that authorities will continue to seek justice.

“The state is prepared to do whatever is necessary to see Mr. Lee’s lawful sentence carried out,” Marshall said.

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Judge halts use of nitrogen gas for execution, citing cruel and unusual punishment