Alabama Supreme Court Grants Execution Warrant for Kenneth Eugene Smith, Paving Way for First-Ever Use of Nitrogen Gas as Execution Method

Alabama is one step closer to becoming the first state to use nitrogen gas as an execution method, after the Alabama Supreme Court granted the state attorney general’s request for an execution warrant for Kenneth Eugene Smith. The 6-2 decision was made by an all-Republican court on Wednesday.

The order did not specify the execution method, but the Alabama attorney general indicated in filings with the court that it intends to use nitrogen to put Smith to death. This would be the first time nitrogen gas has been used to carry out a death sentence.

The decision has sparked debate, with many questioning the use of nitrogen gas as an execution method. The American Civil Liberties Union of Alabama has argued that the use of nitrogen gas is “cruel and unusual punishment” and is unconstitutional.

Despite the opposition, the court’s decision stands and the execution is likely to move forward. However, there is likely to be additional litigation over the proposed new execution method.

The use of nitrogen gas as an execution method has been proposed in other states, but Alabama is the first to move forward with the plan. It remains to be seen if other states will follow suit.