A divided Alabama Supreme Court has ruled in favor of using nitrogen gas as a method of execution, marking the first instance of the method being considered for carrying out a death sentence.
The all-Republican court, in a 6-2 decision issued on Wednesday, granted the state attorney general’s request for an execution warrant for Kenneth Eugene Smith. Smith was one of two individuals convicted in the 1988 murder-for-hire killing of Elizabeth Sennett in northwestern Alabama. The specific execution date will be determined later by Governor Kay Ivey.
This decision brings Alabama closer to becoming the first state to pursue nitrogen gas as an execution method. However, it is likely that further legal challenges will emerge before this method is actually used. Other states like Oklahoma and Mississippi have also authorized nitrogen hypoxia for executions, a process in which an inmate breathes pure nitrogen and is deprived of the oxygen required for survival. While advocates argue it may be painless, opponents liken it to unethical human experimentation.