Alabama will be allowed to put an inmate to death with nitrogen gas, a federal appeals court ruled Wednesday, refusing to block what would be the nation’s first execution by a new method since 1982.
A panel of the 11th US Circuit Court of Appeals rejected Kenneth Eugene Smith’s request for an injunction to stop his scheduled execution by nitrogen hypoxia on Thursday.
Smith’s lawyers have argued that the state is trying to make him the test subject for an untried execution method and are expected to appeal to the US Supreme Court.
The method involves putting a respirator-type face mask over the nose and mouth to replace breathable air with nitrogen, causing death from lack of oxygen.
The state predicted in court filings that the gas will cause an inmate to lose consciousness within seconds and cause death within minutes.
READ MORE: Chilling way controversial nitrogen gas kills as Death Row inmate is executed
Critics of the untested method say the state can’t predict what will happen and what Smith will feel after the warden switches on the gas.
The state predicted in court filings that the gas will cause an inmate to lose consciousness within seconds and cause death within minutes.
Critics of the untested method say the state can’t predict what will happen and what Smith will feel after the warden switches on the gas.
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How does nitrogen gas kill you?
Nitrogen hypoxia is when someone suffocates from breathing in too much nitrogen gas.
Nitrogen makes up about 80% of the air we breathe, but it can be deadly if it’s separated from oxygen.
Critics have compared this never-used method of execution to human experimentation.
