The Supreme Court has declined to halt what will be the first-ever US execution by nitrogen gas if it goes ahead as scheduled Thursday evening. The court denied Alabama inmate Kenneth Eugene Smith's request for a stay of execution Wednesday, CNN reports. Lawyers for the 58-year-old convicted murderer argued that it would be unconstitutional for the state to try to execute Smith again after an attempt to execute him via lethal injection failed in 2022, reports the AP. After the execution team in 2022 had trouble inserting an IV line, they abandoned the execution attempt because of concerns it might not be completed before the death warrant expired at midnight.
The Supreme Court did not provide an explanation for its decision and no dissents were noted. The 11th US Circuit Court of Appeals has also been asked to block the execution—but it hadn't ruled as of Wednesday afternoon, and whatever decision it makes will likely be appealed to the Supreme Court, the AP reports. Smith's lawyers argue that he is being made the "test subject" for the execution method, and United Nations monitors have expressed concern that the "experimental" method will cause a "painful and humiliating death."
Officials say a mask will be placed over Smith's face after he is brought into the death chamber on a gurney. Breathable air will be replaced with pure nitrogen, causing him to lose consciousness and die from lack of oxygen. The Rev. Jeff Hood, Smith's spiritual adviser, will be present and tells the New York Times he's worried about what could happen. "This is not going to be a peaceful experiment," he says. "I think it's important for people to realize, when you strap someone down like that, you can't expect someone who's choking to death—suffocating to death—to not resist." (He has asked for extra safeguards to protect those in the room with Smith in the event of a leak.)
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