A federal judge on Thursday ruled that execution by nitrogen gas does not violate the constitutional ban on cruel and unusual punishment, rejecting an Alabama inmate’s claim that it causes excessive suffering.
The ruling came after the first bench trial in the country to examine the constitutionality of the execution method that has now been used to put eight people to death, seven in Alabama and one in Louisiana. The ruling clears the way for Alabama and other states to continue with the method and is a setback for critics who hoped a fuller examination of Alabama's protocol would halt its use.
