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Judge: Alabama Can’t Kill Inmate With Nitrogen Gas

A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring the method violates the ban on cruel and unusual punishment. US District Judge Emily C. Marks issued the decision a day after an appeals court reversed her ruling that the method is constitutional, the AP reports. Marks permanently enjoined the state from executing Jeffrey Lee by nitrogen gas. Lee was scheduled to be executed Thursday at an Alabama prison.

  • 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.

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