United States District Judge Emily C. Marks on Tuesday permanently enjoined the state of Alabama from executing Jeffery Lee by nitrogen hypoxia, declaring the method a violation of the Eighth Amendment’s prohibition on cruel punishment. The ruling came hours after the Eleventh Circuit Court of Appeals ordered Judge Marks to immediately consider whether a firing squad constitutes a feasible alternative. She found that it does.
Statement of Abraham Bonowitz, executive director of Death Penalty Action:
“Death Penalty Action does not take a position on execution methods. We oppose the death penalty in every case because government cannot be trusted to get it right, every time. Alabama has been using gas suffocation because no one told them they could not. Today that’s changed, and we’ll be watching to see if this injunction holds up. Until then, let’s not forget that Jeffrey Lee’s jury voted 7 to 5 to not execute him, and if his trial was today, he would not be on death row.”
The execution of Lee is set to take place during a 30-hour window beginning at midnight on June 11, 2026, and ending early June 12.
