ATMORE, Ala. (AP) — An Alabama man facing the death penalty by nitrogen gas was spared Thursday as the U.S. Supreme Court refused to set aside a lower-court ruling that found the method is unconstitutionally cruel, issuing a brief order that came well after the hour originally planned to initiate Jeffery Lee’s execution.
The justices decided not to lift an injunction blocking Alabama from carrying out what would have been the nation’s ninth execution by nitrogen gas, rejecting a last-minute legal battle by the state as it sought to carry out the sentence in the evening. A spokesperson for the Alabama Department of Corrections said the execution was off for the evening and the state would not try another method.
The high court voted 6-3 and did not explain its reasoning. Three of the conservative justices — Clarence Thomas, Samuel Alito, and Neil Gorsuch — said they would grant Alabama’s request to lift the injunction and let the execution go forward.
“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,” Gov. Kay Ivey said.
In a statement the legal team for Lee, 49, hailed the decision and noted that his jury had voted for a sentence of life, which a judge overruled.