Supreme Court Allows Alabama to Carry Out First-Ever Execution by Nitrogen Gas

The Supreme Court has denied a request to stop Alabama from executing an inmate using the controversial method of nitrogen hypoxia. This marks the first time in the United States that nitrogen gas will be used to carry out an execution. Despite legal pushback and criticism from the United Nations, Kenneth Eugene Smith is scheduled to be put to death with nitrogen gas.

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Controversial Nitrogen Gas Execution to Proceed

The Supreme Court has refused to stop Alabama from executing inmate Kenneth Eugene Smith using nitrogen hypoxia, a controversial and untested method of capital punishment. This method has faced legal challenges and condemnation from the United Nations. Smith is set to be the first person in the United States to be executed using nitrogen gas.

Smith's lawyers argued that it would be unconstitutional for the state to attempt a second execution after a failed lethal injection in 2022. However, the justices disagreed and allowed the execution to proceed.

Smith has also sought to block the execution through the 11th U.S. Circuit Court of Appeals, but a ruling has not yet been issued. The scheduled date for Smith's execution is Thursday, January 25.

Concerns Over the Use of Nitrogen Gas

The use of nitrogen gas as a method of capital punishment has drawn criticism from medical professionals and veterinarians. Even the American Veterinary Medical Association has advised against its use on animals, describing it as 'distressing.' Nitrogen gas has only been used in euthanizing chickens.

Experts have raised concerns about potential suffering and risks associated with nitrogen toxicity during an execution. There are fears that the condemned person may experience unnecessary pain, while others in the room could also be at risk from inhaling the gas.

What is Nitrogen Hypoxia?

Nitrogen hypoxia is a process in which pure nitrogen gas, or nitrogen gas at lethal concentrations, is inhaled to the point of causing asphyxiation. It is an alternative method of capital punishment to lethal injection and electrocution, which are more commonly used in the United States. While seven states authorize the use of 'lethal gas,' only Alabama, Mississippi, and Oklahoma have specified the use of nitrogen gas, with Alabama being the only one to release a formal execution protocol.

The Alabama execution protocol involves the condemned person being strapped to a gurney and wearing a gas mask through which they will breathe nitrogen until their body is deprived of oxygen and shuts down. The state argues that the execution will likely result in the person losing consciousness before death occurs. However, Smith's legal team has accused the state of using him as a 'test subject' for an untested and potentially lethal method.

The United Nations' human rights office has called on Alabama to halt the execution, as there is no scientific evidence to support the claim that nitrogen inhalation will not cause suffering.

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Safety and Dangers of Inhaling Nitrogen Gas

In the execution process, Smith will be exposed to nitrogen gas through a mask until his body is completely depleted of oxygen, leading to shutdown. While this method has not been previously used in a death chamber, the effects of excessive nitrogen inhalation, usually accidental in industrial settings, are well-documented.

Nitrogen is already present in the atmosphere and makes up around 75% of the air we breathe. However, it is safe to inhale only when correctly mixed with oxygen. In cases where the nitrogen concentration causes oxygen levels to drop below 10%, it can be lethal. Symptoms can include loss of consciousness, convulsions, and death.

These risks have raised concerns about the use of nitrogen gas in executions, as the consequences of inhaling the gas can be severe.