Federal Judge Permanently Bars Alabama Nitrogen Gas Execution Protocol For Jeffrey Lee
U.S. District Judge Emily Marks on Tuesday, June 9, 2026 permanently barred Alabama from executing Jeffrey Lee by nitrogen hypoxia, halting his scheduled June 11 execution and finding the method unconstitutionally cruel.[1]
Marks's opinion, issued after an April bench trial and guided by a June 8 11th Circuit ruling, said the state's nitrogen protocol causes "severe air hunger" and at least 60 to 180 seconds of emotional distress, anxiety and physiological pain.[1] She wrote that that one- to three-minute period of suffering posed a "substantial risk of serious harm" and was "constitutionally intolerable" under the Eighth Amendment.[1] The court also found a firing squad to be a "feasible, readily implemented" alternative and faulted Alabama for refusing to consider it.[1] Alabama Attorney General Steve Marshall's office said it will appeal, making Supreme Court review likely.[1]
Alabama first used nitrogen hypoxia on Kenneth Smith on January 25, 2024, and officials had prepared for Lee's June 11 execution using the same protocol.[2] Jeffrey Lee filed suit in August 2025, arguing the protocol causes unconstitutional pain and asking to be executed by firing squad instead.
Marks had previously found the protocol constitutional after her April trial, but the 11th Circuit's June 8 decision prompted her to reverse that earlier conclusion.[1] The New York Times noted the ruling could invite broader Eighth Amendment challenges to nitrogen executions beyond Lee's case as legal fights unfold.[2]
The mainstream summary does not mention that five states, including Alabama, have authorized nitrogen hypoxia as a method of execution, indicating a broader trend in the use of this controversial method across the country. This context is crucial, as it highlights the potential for similar legal challenges to arise in other jurisdictions, not just Alabama, as states grapple with the implications of this ruling on their execution protocols. Furthermore, while the summary focuses on the immediate implications for Jeffrey Lee, it overlooks the fact that Alabama executed six individuals in 2024, three of whom were put to death using nitrogen hypoxia, raising questions about the state's ongoing reliance on this method despite its constitutional challenges.[3][4]
Additionally, the mainstream account does not delve into the structural factors influencing the shift towards nitrogen hypoxia. The transition to this method has been partly driven by a national shortage of lethal injection drugs due to European manufacturers' refusal to supply them, a situation that has forced states like Alabama to explore untested alternatives. This background underscores the complexities surrounding the legal and ethical debates over execution methods, suggesting that the ruling may not only impact Alabama's practices but could also set a precedent for broader challenges to capital punishment in the U.S.[5]
Show source details & analysis (3 sources)
📊 Relevant Data
Five states authorize nitrogen hypoxia as a method of execution: Alabama, Arkansas, Louisiana, Mississippi, and Oklahoma.
Will the Supreme Court end nitrogen gas executions? — SCOTUSblog
Alabama carried out six executions in 2024, tying a state record, with three using nitrogen hypoxia.
Alabama Tied An Execution Record In 2024 — Federal Defender Organizations
📌 Key Facts
- On Tuesday, June 9, 2026, U.S. District Judge Emily Marks issued a ruling permanently barring Alabama from executing Jeffrey Lee by nitrogen hypoxia, reversing her own earlier finding that the protocol was constitutional (U.S. District Judge Emily Marks).
- The opinion, issued after an April 2026 bench trial and guided by the 11th Circuit ruling on June 8, 2026, found that Alabama's nitrogen protocol causes “severe air hunger” and produces at least 60– to 180‑seconds of emotional distress, anxiety and physiological pain.
- Judge Marks held that the 60– to 180‑second period of suffering poses a “substantial risk of serious harm” and is “constitutionally intolerable” under the Eighth Amendment (Alabama's nitrogen protocol).
- Jeffrey Lee, 49, had been scheduled to be executed by nitrogen hypoxia on Thursday, June 11, 2026, but Marks’s order halts that execution method for him (Jeffrey Lee).
- The court found a firing squad to be a “feasible, readily implemented” alternative that would significantly reduce the risk of serious harm and rejected Alabama’s refusal to consider it as lacking a legitimate penological reason (firing squad).
- Alabama Attorney General Steve Marshall’s office indicated it will appeal, raising the likelihood that the nitrogen hypoxia protocol will be reviewed by the U.S. Supreme Court (Alabama Attorney General Steve Marshall's office).
- Lee would have been the ninth person in the U.S. executed by nitrogen hypoxia and the eighth in Alabama, with one prior nitrogen execution in Louisiana (ninth person in the U.S.).
- Alabama officials had prepared for Lee’s June 11 execution using the same nitrogen hypoxia protocol previously used on Kenneth Smith in January 2024, and the ruling forced late-stage logistical changes by the state corrections department (Kenneth Smith).
- The New York Times emphasized that Marks’s June 9 order, grounded in the April bench trial record and the June 8 Eleventh Circuit decision, could invite broader Eighth Amendment challenges to nitrogen executions beyond Lee’s case (The New York Times).
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- On Wednesday, June 10, 2026, the New York Times reported additional detail on Judge Emily Marks's June 9 order permanently blocking Alabama from executing Jeffrey Lee by nitrogen gas.
- The article describes how Alabama officials had prepared for Lee's June 11 execution using the same nitrogen hypoxia protocol previously used on Kenneth Smith in January 2024 and how the ruling forced late-stage logistical changes by the state corrections department.
- The Times account emphasizes that Marks's decision, grounded in both her April bench trial record and the June 8 Eleventh Circuit decision, could invite broader Eighth Amendment challenges to nitrogen executions beyond Lee's case.
- On Tuesday, June 9, 2026, U.S. District Judge Emily Marks issued a new ruling permanently barring Alabama from executing Jeffrey Lee by nitrogen hypoxia, reversing her own earlier finding that the protocol was constitutional.
- The opinion, issued after an April 2026 bench trial and guided by an 11th Circuit ruling on June 8, 2026, concludes Alabama's nitrogen protocol causes 'severe air hunger and corresponding emotional distress, anxiety, physiological stress, and physical discomfort' for at least one to three minutes.
- Judge Marks held that this 60- to 180-second period of suffering poses a 'substantial risk of serious harm' and is 'constitutionally intolerable' under the Eighth Amendment.
- Lee, 49, was scheduled to be executed by nitrogen hypoxia on Thursday, June 11, 2026, but the ruling halts that execution method for him.
- The court found that a firing squad is a 'feasible, readily implemented' alternative that would significantly reduce the risk of serious harm, and rejected Alabama's refusal to consider it, saying the state had not articulated a legitimate penological reason.
- Alabama Attorney General Steve Marshall's office has indicated it will appeal, raising the likelihood that the nitrogen hypoxia protocol will be reviewed by the U.S. Supreme Court.
- The article notes that Lee would have been the ninth person in the U.S. executed by nitrogen hypoxia and the eighth in Alabama, with one prior nitrogen execution in Louisiana.