The U.S. Supreme Court on Monday sided with an Alabama death row inmate, who had his lethal injection called off at the last minute in November
The inmate argues he should be put to death by nitrogen hypoxia when he is ultimately executed.
Justices without comment rejected the Alabama attorney general’s request to review an 11th U.S. Circuit Court of Appeals decision regarding inmate Kenneth Eugene Smith.
The state argued the decision disregarded Supreme Court precedent that an inmate challenging an execution method must show that an alternative method is readily available, not just feasible.
Alabama has authorized nitrogen hypoxia — death as a result of breathing pure nitrogen — as an execution method but no state has attempted to use the untested method to put an inmate to death.
Smith was scheduled to be put to death by lethal injection on Nov. 17, 2022, for the 1988 murder-for-hire slaying of a preacher’s wife.
