Supreme Court disallows nitrogen gas execution method

June 12 (UPI) -- The Supreme Court has denied Alabama's attempt to execute a prisoner with nitrogen gas after two lower courts denied the method, calling it cruel and unusual.

The unsigned order from the court's emergency docket didn't explain its decision, but Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.

The order came hours before Jeffrey Lee, 49, would have been executed, at 6 p.m. CDT.

Lee was convicted of double murder in a pawnshop robbery in 1998. He can still be executed via other methods, though it's unclear when that would happen.

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"Tonight's ruling is a miscarriage of justice, not for us, but for Jimmy Ellis and Elaine Thompson, who Jeffery Lee brutally and senselessly murdered," Alabama Attorney General Steve Marshall said. "I want their families to know that we will never stop seeking justice for Jimmy and Elaine."

Gov. Kay Ivey said the state can still execute Lee.

"While I am disappointed the Supreme Court did not allow the state to proceed with Lee's chosen method of execution, I remain committed to ensuring that justice is ultimately served for his victims," Ivey said.

Lee chose nitrogen over lethal injection in 2018, years before the state began using nitrogen gas.

But last year, Lee filed suit to block the nitrogen method and asked to die by firing squad, which isn't legal in the state.

While the court has approved other methods of execution, Alabama was the first state to use nitrogen hypoxia in 2024. Since then, the method has faced litigation, with opponents calling it tortuous.

Alabama said in court filings that nitrogen "rapidly causes death" and said it was "humane, painless, effective and reliable."

The American Thoracic Society also filed a brief saying "nitrogen hypoxia executions cause intense, inhumane suffering."