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BREAKING: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week.
Two lower courts had earlier refused Alabama's request to let the state proceed with its plan...
BREAKING: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week.
Two lower courts had earlier refused Alabama's request to let the state proceed with its plans to use the method of execution declared unconstitutional on Tuesday.
Now, at Law Dork:
US Supreme Court denies Alabama's request to carry out nitrogen gas execution
US Supreme Court denies Alabama's request to carry out nitrogen gas execution
Jeffery Lee, 49, was scheduled to be executed on Thursday. The state can still seek to have him put to death using another method.
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
open.substack.com/pub/chrisgei...
BREAKING: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional.
Judge Emily Marks on Tuesday barred Alabama from using nitrogen gas to suffocate Jeffery Lee to death Thursda...
BREAKING: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional.
Judge Emily Marks on Tuesday barred Alabama from using nitrogen gas to suffocate Jeffery Lee to death Thursday.
Tonight, at Law Dork:
Judge halts use of nitrogen gas for execution, citing cruel and unusual ...
Judge halts use of nitrogen gas for execution, citing cruel and unusual ...
ByKevin Davis
June 10, 2026, 9:26 am CDT
Alabama death row inmate Jeffrey Lee faces execution for a double murder conviction. (Photo courtesy of the Alabama Department of Corrections)
A federal judge in Alabama has prohibited the state from executing an inmate this week using nitrogen gas, ruling that it amounts to cruel and unusual punishment in violation of the U.S. Constitution.
U.S. District Judge Emily Marks of the Middle District of Alabama issued the ruling Tuesday, which could stop the execution of Alabama death row inmate Jeffrey Lee, who is scheduled to be executed Thursday, for a double murder during a pawn shop robbery in 1998,USA Todayreports.
The ruling stops the state from executing inmates using nitrogen gas, as well, though Lee is the only execution scheduled this year, according to the story. The state is expected to appeal the ruling, which could put the matter in front of the U.S. Supreme Court.
Marks’ ruling follows a hearing about how much pain inmates experience during a nitrogen gas execution. The judge concluded that they experience up to three minutes of “severe air hunger” …
Abraham Bonowitz, of the group Death Penalty Action, leads a demonstration outside the Capitol in Montgomery, Ala., on Monday, June 8, 2026, to oppose an upcoming execution in Alabama. (AP Photo/Kim Chandler)
Abraham Bonowitz, of the group Death Penalty Action, leads a demonstration outside the Capitol in Montgomery, Ala., on Monday, June 8, 2026, to oppose an upcoming execution in Alabama. (AP Photo/Kim Chandler)
By
Associated Press
PUBLISHED:
June 11, 2026 at 10:48 AM EDT
| UPDATED:
June 11, 2026 at 11:08 AM EDT
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By KIM CHANDLER
MONTGOMERY, Ala. (AP) — Alabama is waging a last-minute legal fight to execute a man with
nitrogen gas
on Thursday night, asking the U.S. Supreme Court to set aside a judge’s finding that the method violates the Constitution’s ban on cruel and unusual punishment.
Jeffery Lee, 49, is scheduled to be executed at 6 p.m. Thursday. However, a federal judge on Tuesday ruled that nitrogen executions are unconstitutional and blocked the state from using the method to put Lee to death. The state filed an appeal Thursday asking the Supreme Court to set aside the ruling and allow the execution.
“If that ruling stands, it would be unprecedented in American history. Not only does it portend the first-ever permanent ban on a legislatively enacted method, but it would expand the concept of cruelty well beyond the bounds of the Eighth…
A Trump appointed judge found Alabama's nitrogen hpoxia protocol violates the Eighth Amendment. Permanently enjoins Alabama from using the nitrogen hypoxia protocol
Alabama AG has already filed notic...
A Trump appointed judge found Alabama's nitrogen hpoxia protocol violates the Eighth Amendment. Permanently enjoins Alabama from using the nitrogen hypoxia protocol
Alabama AG has already filed notice of appeal.
memorandum opinion and order storage.courtlistener.com/recap/gov.us...
Supreme Court rejects Alabama's request to carry out nitrogen gas execution
Supreme Court rejects Alabama's request to carry out nitrogen gas execution
<p>Alabama's effort to execute death row inmate Jeffery Lee on Thursday night was halted after the U.S. Supreme Court declined the state's request to move forward with the execution using nitrogen gas.<br></p>
Judge bars Alabama nitrogen gas execution, says method is ...
Judge bars Alabama nitrogen gas execution, says method is ...
Protesters gather outside the Capitol in Montgomery, Ala., on Monday, June 8, 2026, to oppose an upcoming execution in Alabama. (AP Photo/Kim Chandler)
FILE- Alabama’s lethal injection chamber at the Holman Correctional Facility in Atmore, Ala., is pictured, Oct. 7, 2002. (AP Photo/Dave Martin, File)
MONTGOMERY, Ala. (AP) — A federal judge on Tuesday permanently blocked Alabama from executing an inmate withnitrogen gasafter declaring the method violates the U.S. Constitution’s ban on cruel and unusual punishment.
U.S. District Judge Emily Marks issued the ruling hours after an appeals courtreversed her initial findingthat the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday.
The decision, for now, blocks the use of the controversial new execution method that Alabama has championed since 2024. But the issue seems likely bound for the U.S. Supreme Court, which so far has never ruled a state’s execution method to be unconstitutional.
Alabama Attorney General Steve Marshall’s office is appealing the decision, accord…
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
open.substack.com/pub/chrisgei...
BREAKING: On a 2-1 vote, the Eleventh Circuit denies Alabama's request to stay the district court order declaring Alabama's nitrogen gas execution protocol unconstitutional. (A stay would allow Thursd...
BREAKING: On a 2-1 vote, the Eleventh Circuit denies Alabama's request to stay the district court order declaring Alabama's nitrogen gas execution protocol unconstitutional. (A stay would allow Thursday's scheduled execution of Jeffery Lee to proceed.)
Background: www.lawdork.com/p/alabama-ni...
BREAKING: Judge Emily Marks, a Trump appointee in Alabama, found that the state's "nitrogen hypoxia execution protocol violates the Eighth Amendment" and permanently enjoined the state from executing ...
BREAKING: Judge Emily Marks, a Trump appointee in Alabama, found that the state's "nitrogen hypoxia execution protocol violates the Eighth Amendment" and permanently enjoined the state from executing Jeffery Lee with that method of execution. Alabama had been planning to kill him on Thursday.
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
Two lower courts had earlier refused Alabama's request to let the state proceed with its plans...
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
Two lower courts had earlier refused Alabama's request to let the state proceed with its plans to use a method of execution that had been declared unconstitutional on Tuesday.
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
open.substack.com/pub/chrisgei...
Protesters gather outside the Capitol in Montgomery, Ala., on Monday, June 8, 2026, to oppose an upcoming execution in Alabama. (AP Photo/Kim Chandler)
Protesters gather outside the Capitol in Montgomery, Ala., on Monday, June 8, 2026, to oppose an upcoming execution in Alabama. (AP Photo/Kim Chandler)
By
Associated Press
PUBLISHED:
June 10, 2026 at 8:21 AM EDT
| UPDATED:
June 10, 2026 at 8:24 AM EDT
Getting your
Trinity Audio
player ready...
By KIM CHANDLER
MONTGOMERY, Ala. (AP) — A federal judge on Tuesday permanently blocked Alabama from executing an inmate with
nitrogen gas
after declaring the method violates the U.S. Constitution’s ban on cruel and unusual punishment.
U.S. District Judge Emily Marks issued the ruling hours after an appeals court
reversed her initial finding
that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday.
The decision, for now, blocks the use of the controversial new execution method that Alabama has championed since 2024. But the issue seems likely bound for the U.S. Supreme Court, which so far has never ruled a state’s execution method to be unconstitutional.
Alabama Attorney General Steve Marshall’s office is appealing the decision, according to a Tuesday night court filing. Marshall’s office …
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
open.substack.com/pub/chrisgei...
The Supreme Court halted Alabama's planned execution of Jeffery Lee using nitrogen gas, rejecting the state's emergency request after lower courts questioned the method's constitutionality. Lee was co...
The Supreme Court halted Alabama's planned execution of Jeffery Lee using nitrogen gas, rejecting the state's emergency request after lower courts questioned the method's constitutionality. Lee was convicted of a 1998 murder. #executions #News
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
open.substack.com/pub/chrisgei...
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
open.substack.com/pub/chrisgei...
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week. FINALLY!!
open.substack.com/pub/chrisgei...
BREAKING: Supreme Court denies Alabama’s attempt to execute inmate by nitrogen gas - michael.huggins2591@gmail.com - Gmail mail.google.com/mail/u/0/#in...
US judge halts execution by nitrogen gas, ruling it unconstitutional
US judge halts execution by nitrogen gas, ruling it unconstitutional
Judge Emily Marks had previously allowed the execution to proceed, arguing that no execution is entirely without pain.
Supreme Court prohibits Alabama from using nitrogen gas for execution
Supreme Court prohibits Alabama from using nitrogen gas for execution
Because of the ruling, Jeffrey Lee's execution will be delayed. He still faces the death penalty.<br>
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
open.substack.com/pub/chrisgei...
Alabama's nitrogen gas executions constitute cruel and unusual ...
Alabama's nitrogen gas executions constitute cruel and unusual ...
A federal judge has banned Alabama from executing a death row inmate by
nitrogen hypoxia
, reversing a previous opinion and concluding that the controversial and relatively new execution method is unconstitutionally cruel.
The
ruling
, issued Tuesday, permanently prevents the state from putting Jeffrey Lee, 49, to death using nitrogen gas.
Lee was scheduled to die by nitrogen hypoxia — where a condemned inmate is forced to breathe pure nitrogen through a gas mask until they suffocate from the lack of oxygen — on Thursday. He has been incarcerated on Alabama's death row for more than two decades, after being convicted of a 1998 double murder.
Prosecutors said he shot and killed Jimmy Ellis, a store owner, and Elaine Thompson, an employee, while attempting to rob the establishment, court filings show.
In the ruling, U.S. District Judge Emily Marks said Alabama's nitrogen gas protocol violates inmates' rights under the Eighth Amendment, which protects against cruel and unusual punishment. It followed an appeals court ruling Monday that
reversed an earlier decision from Marks
, in which she found the method was constit…
US federal judge blocks Alabama from executing man by nitrogen gas
US federal judge blocks Alabama from executing man by nitrogen gas
<p>Emily C Marks finds method proposed to kill Jeffery Lee violates ban on cruel and unusual punishment</p><p>A federal judge on Tuesday permanently blocked Alabama from executing a man with nitrogen gas after declaring the method violates the ban on cruel and unusual punishment.</p><p>US district judge Emily C Marks issued the decision a day after an appeals court reversed her ruling that the method is constitutional.</p> <a href="https://www.theguardian.com/us-news/2026/jun/09/alabama-execution-judge-ruling">Continue reading...</a>
BREAKING: SCOTUS denies Alabama's request to let it proceed with the nitrogen gas execution of Jeffery Lee that was scheduled for tonight. Justices Thomas, Alito, and Gorsuch note their dissent.
Jef...
BREAKING: SCOTUS denies Alabama's request to let it proceed with the nitrogen gas execution of Jeffery Lee that was scheduled for tonight. Justices Thomas, Alito, and Gorsuch note their dissent.
Jeffery Lee will not be killed tonight.
Background: www.lawdork.com/p/alabama-ni...
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
open.substack.com/pub/chrisgei...
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
open.substack.com/pub/chrisgei...
#BREAKING: Over public dissents from Justices Thomas, Alito, and Gorsuch, #SCOTUS *denies* emergency application from Alabama; keeps in place injunction barring execution by nitrogen hypoxia of Jeffer...
#BREAKING: Over public dissents from Justices Thomas, Alito, and Gorsuch, #SCOTUS *denies* emergency application from Alabama; keeps in place injunction barring execution by nitrogen hypoxia of Jeffery Lee.
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
open.substack.com/pub/chrisgei...
Breaking News: The Supreme Court blocked Alabama from using nitrogen gas to execute a man convicted of murder.
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
open.substack.com/pub/chrisgei...
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
open.substack.com/pub/chrisgei...
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
Judge Emily Marks on Tuesday barred Alabama from using nitrogen gas to suffocate Jeffery Lee to death Thursday...
Breaking: Federal court rules Alabama's nitrogen gas execution protocol unconstitutional
Judge Emily Marks on Tuesday barred Alabama from using nitrogen gas to suffocate Jeffery Lee to death Thursday.
open.substack.com/pub/chrisgei...
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
open.substack.com/pub/chrisgei...
Breaking: Supreme Court rejects Alabama's request to let it kill Jeffery Lee with nitrogen gas this week
open.substack.com/pub/chrisgei...
Alabama nitrogen execution halted after judge cites cruel and unusual ...
Alabama nitrogen execution halted after judge cites cruel and unusual ...
Rick Bowmer, File
By Kim ChandlerAssociated Press
MONTGOMERY, Ala. — A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring the method violates the U.S. Constitution’s ban on cruel and unusual punishment.
U.S. District Judge Emily Marks issued the ruling hours after anappeals court reversed her initial findingthat the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday.
The decision, for now, blocks the use of the controversial new execution method that Alabama has championed since 2024. But the issue seems likely bound for the U.S. Supreme Court, which so far has never ruled a state’s execution method to be unconstitutional.
Alabama Attorney General Steve Marshall’s office is appealing the decision, according to a Tuesday night court filing. Marshall’s office did not issue an immediate comment. A spokeswoman for Lee’s legal team said they did not have an immediate comment.
Marks wrote that the appeals court found the method carried “a substant…
Corroboration
No verdict, no pronouncement. The model extracts atomic factual claims with verbatim quotes; every quote is validated against the source text and corroboration is computed by counting how many editorially-opposed blocs assert each fact. 4 fabricated/unverifiable quotes were rejected by the cite-or-die gate.
The spine · 3 facts corroborated across ≥2 opposed blocs
3×broadly confirmedA federal judge, Emily C. Marks, ruled that Alabama’s use of nitrogen gas for execution violates the constitutional ban on cruel and unusual punishment.
otherqatarwestern
aljazeera“US judge halts execution by nitrogen gas, ruling it unconstitutional”
guardian“US federal judge blocks Alabama from executing man by nitrogen gas
<p>Emily C Marks finds method proposed to kill Jeffery Lee violates ban on cruel and unusual punishment</p>”
abajournal.com“A federal judge in Alabama has prohibited the state from executing an inmate this week using nitrogen gas, ruling that it amounts to cruel and unusual punishment in violation of the U.S. Constitution.
U.S. District Judge Emily Marks of the Middle District of Alabama issued the ruling Tuesday”
2×broadly confirmedJeffery Lee, a death row inmate in Alabama, was scheduled to be executed by nitrogen gas on Thursday.
otherwestern
bbc“Jeffery Lee, 49, was scheduled to be executed on Thursday.”
wtae“Alabama's effort to execute death row inmate Jeffery Lee on Thursday night was halted”
2×broadly confirmedThe U.S. Supreme Court denied Alabama’s request to carry out the execution of Jeffery Lee by nitrogen gas.
otherwestern
bbc“US Supreme Court denies Alabama's request to carry out nitrogen gas execution”
npr“Supreme Court prohibits Alabama from using nitrogen gas for execution”
wtae“Supreme Court rejects Alabama's request to carry out nitrogen gas execution”
Single-source · 4 — reported by one bloc only (uncorroborated)
The Eleventh Circuit Court of Appeals denied Alabama’s request to stay the district court’s order declaring nitrogen gas execution unconstitutional.
bluesky
Alabama’s nitrogen gas execution method involves strapping a respirator to the inmate’s face and replacing breathable air with pure nitrogen gas, causing death from lack of oxygen.
gdelt
Jeffery Lee filed a lawsuit challenging Alabama’s nitrogen gas execution method.
gdelt
Alabama can still seek to execute Jeffery Lee using another method.
bbc
Framing · 7 — loaded language surfaced (spin shown, not adopted)
aljazeera
“Judge Emily Marks had previously allowed the execution to proceed, arguing that no execution is entirely without pain.”
→ Judge Emily Marks had previously allowed the execution to proceed.
guardian
“US federal judge blocks Alabama from executing man by nitrogen gas
<p>Emily C Marks finds method proposed to kill Jeffery Lee violates ban on cruel and unusual punishment</p>”
→ A federal judge ruled that Alabama’s use of nitrogen gas for execution violates the constitutional ban on cruel and unusual punishment.
bluesky
“BREAKING: On a 2-1 vote, the Eleventh Circuit denies Alabama's request to stay the district court order declaring Alabama's nitrogen gas execution protocol unconstitutional.”
→ The Eleventh Circuit denied Alabama’s request to stay the district court’s order declaring nitrogen gas execution unconstitutional.
gdelt
“A federal appeals court ruled Monday that Alabama’s use of nitrogen gas to put prisoners to death needs more study of whether it violates a constitutional ban on cruel and unusual punishment”
→ A federal appeals court ruled that Alabama’s use of nitrogen gas needs more study regarding its constitutionality.
npr
“Supreme Court prohibits Alabama from using nitrogen gas for execution
Because of the ruling, Jeffrey Lee's execution will be delayed. He still faces the death penalty.”
→ The Supreme Court denied Alabama’s request to use nitrogen gas for execution, delaying Jeffery Lee’s execution.
abajournal.com
“A federal judge in Alabama has prohibited the state from executing an inmate this week using nitrogen gas, ruling that it amounts to cruel and unusual punishment in violation of the U.S. Constitution.”
→ A federal judge ruled that Alabama’s use of nitrogen gas for execution violates the constitutional ban on cruel and unusual punishment.
wtae
“Supreme Court rejects Alabama's request to carry out nitrogen gas execution”
→ The Supreme Court denied Alabama’s request to carry out the execution of Jeffery Lee by nitrogen gas.
Entities
United Statesplace
Federal Judgeperson
Manperson
ALplace
District Courtorg
stateorg
Judge Emily Marksperson
Jeffery Leeperson
Trump appointed judgeperson
chrisgeiperson
Trump appointeeperson