The Supreme Court Hands a Surprising Death-Penalty Defeat to Alabama

Nitrogen-hypoxia executions are fairly simple in theory. Earth’s atmosphere is roughly 78 percent nitrogen and 20 percent oxygen, with trace elements rounding out the remaining two percent. Humans have evolved to breathe large amounts of nitrogen, and we can do so indefinitely as long as some oxygen is present. Alabama’s plan is to simply subtract the oxygen—or, more accurately, to place a mask over Lee’s face so that he only breathes pure nitrogen until he dies.

The state has already killed seven death-row prisoners by this method; Louisiana also executed a man via nitrogen hypoxia last year. Three other states have authorized the method. Proponents describe it as relatively simple and largely painless, even compared to lethal injection. Justice Sonia Sotomayor described it differently in a dissenting opinion last year:

Take out your phone, go to the clock app, and find the stopwatch. Click start. Now watch the seconds as they climb. Three seconds come and go in a blink. At the thirty-second mark, your mind starts to wander. One minute passes, and you begin to think that this is taking a long time. Two . . . three . . . . The clock ticks on. Then, finally, you make it to four minutes. Hit stop.

Now imagine for that entire time, you are suffocating. You want to breathe; you have to breathe. But you are strapped to a gurney with a mask on your face pumping your lungs with nitrogen gas. Your mind knows that the gas will kill you. But your body keeps telling you to breathe.

Sotomayor said that the death-row prisoner in that case would “immediately convulse,” “gasp for air,” and “thrash violently against the restraints holding him in place as he experiences this intense psychological torment until he finally loses consciousness” before finally dying about 15-20 minutes later. The justice’s description also assumes that everything goes as planned. Unsurprisingly, Lee asked the court to let him be executed by firing squad instead, which can be virtually instantaneous when done correctly.