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Louisiana’s nitrogen gas execution back on for next week, federal appeals court rules

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Louisiana’s nitrogen gas execution back on for next week, federal appeals court rules


Dick issued a preliminary injunction, allowing time for a full trial on whether death by nitrogen gas amounts to cruel and unusual punishment, which is forbidden under the U.S. Constitution’s Eighth Amendment. Attorneys for the state issued a notice of appeal within minutes of Dick’s ruling.

The Fifth Circuit vacated the preliminary injunction.

“In sum, the district court didn’t just get the legal analysis wrong — it turned the Constitution on its head, by relying on an indisputably more painful method of execution as its proposed alternative,” the appeals court’s ruling states, written by Judge James Ho, an appointee of President Donald Trump.

Dick’s ruling had said that Hoffman’s team had given enough evidence that death by a firing squad could be a more humane way for Hoffman to die.

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In an emergency appeal brief, attorneys for the state urged the appeals court to vacate Dick’s ruling. The state of Alabama, the only state to employ nitrogen gassing in a modern-day execution and the template for Louisiana’s plan, submitted an amicus brief in support of Louisiana moving forward with the method.

“The district court’s findings are demonstrably misguided and warrant this Court’s emergency intervention,” attorneys for Louisiana said in their brief, painting Hoffman’s lawsuit as a last-ditch effort to delay justice. They also argued that Dick, an appointee of former President Barack Obama, ignored precedents set by the Supreme Court and the U.S. Eleventh Circuit Court of Appeals.

The state said that Hoffman’s attorneys dragged their feet on a fresh challenge to nitrogen gassing as an execution method.

Ho was joined in his decision to vacate the injunction by Judge Andrew Oldham, another Trump appointee. 

Writing in dissent was Judge Catharina Haynes, an appointee of former President George W. Bush. She argued that the courts should allow more time for Hoffman’s case to be litigated.

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She found that Hoffman had little time to challenge his method of execution.

“As the district judge thoroughly discusses, there are issues that need more time to be resolved and decided,” Haynes wrote. “Obviously, that cannot be done once he is dead.”

Final appeal to Supreme Court expected

Hoffman is on death row for the 1996 abduction, rape and murder of Molly Elliott in rural St. Tammany Parish. Elliott’s husband, Andy Elliott, said this week that he was torn about the execution and that while it’s been a struggle to spend so long waiting for a final resolution, Hoffman’s death would not bring him closure.

“This is justice for Mary ‘Molly’ Elliot, her friends, her family, and for Louisiana,” said Attorney General Liz Murrill in a statement Friday night.

Cecelia Kappel, an attorney for Hoffman, said Friday night that his legal team will appeal the decision to the U.S. Supreme Court. The court is not required to take up the matter, but may do so at its discretion.

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“The 5th Circuit should have deferred to the district court’s assessment of the extensive evidence presented to it after a 12-hour-long hearing showing that Louisiana’s new execution method is likely to cause Jessie to suffer a prolonged and torturous death,” Kappel said.

Hoffman’s method of execution, nitrogen gas, will prevent him from practicing his Buddhist breathing meditation at the period between life and death, she said.

“I think that is just the cruelest thing about this,” Kappel said.

Kappel said earlier this week that Louisiana was trying to avoid scrutiny and place blame on Hoffman “for the rushed nature of these proceedings even though the State only announced it would use lethal gas for executions and set Jessie’s execution date last month.”

Dick’s decision came after a daylong hearing March 7 at which Hoffman testified, asking that the state find another way to put him to death. His lawyers argued that death by nitrogen gas would be inhumane and leave Hoffman feeling like he was drowning, causing emotional suffering.

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They said death by firing squad — which is not currently legal in Louisiana but was used last week to execute a man in South Carolina — would lead to a quicker and less painful death.

In its brief, the state argued that a firing squad would cause a more physically painful death and that nitrogen gas would not be as distressing as the plaintiffs made it out to be. 

What is ‘cruel and unusual punishment?’

It would be a surprise if the U.S. Supreme Court intervened in Hoffman’s case, based on how they have treated arguments about cruel and unusual death in recent years.

In 2019, the conservative-led Supreme Court narrowly rejected a Missouri death row inmate’s argument that his medical condition would lead to a painful and excessively punitive execution by lethal injection.

The court sided with the state in a 5-4 vote, with Justice Neil Gorsuch writing for the conservative majority. They ruled that executions aren’t “cruel and unusual” solely because they are painful.

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Attorneys for 51-year-old defendant Russell Bucklew had said that tumors growing in Bucklew’s throat would burst during the execution, causing him to choke for several minutes on his own blood.

“Cruel and unusual” executions are ones that “cruelly super adds pain,” Gorsuch wrote.

“The Eighth Amendment does not guarantee a prisoner a painless death — something that, of course, isn’t guaranteed to many people, including most victims of capital crimes.”

An earlier majority of the high court had agreed to stay Bucklew’s execution, with former Justice Anthony Kennedy joining the more liberal justices.

The 2019 ruling was seen by legal scholars as a signal that the majority-conservative had hardened on capital punishment.

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“This Court has yet to hold that a State’s method of execution qualifies as cruel and unusual, and perhaps understandably so,” Gorsuch said.

Missouri authorities executed Bucklew by lethal injection in October 2019, six months after the high court’s ruling.



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Louisiana’s disappearing coast could shape Baton Rouge’s future

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Louisiana’s disappearing coast could shape Baton Rouge’s future


BATON ROUGE, La. (WAFB) – South Louisiana’s coast has long served as a natural buffer between communities and rising water.

But since the 1930s, Louisiana has lost nearly 2,000 square miles of coastal land.

Dr. Torbjorn Tornqvist, a professor at Tulane University, said Louisiana is one of the most vulnerable coastal areas in the world because of climate change, sea level rise and subsidence.

“Louisiana is arguably one of the most vulnerable… perhaps the most vulnerable coastal zones in the world when it comes to climate change and sea level rise… and there are several reasons for that but one important reason is that we have high subsidence rates, and that means sea level rise here is a lot faster than the average around the world,” Tornqvist said.

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Tornqvist is the lead author of a recently published study examining the long-term impacts of sea level rise across south Louisiana.

He said the issue is no longer limited to communities closest to the Gulf Coast.

“People are leaving the coast of Louisiana, but it’s going to accelerate over the course of the century. And those people are going to have to go somewhere, and it’s likely that a significant number are going to look at a place like Baton Rouge to move to,” Tornqvist said.

Since Hurricane Katrina, Louisiana has invested billions of dollars in large-scale restoration projects designed to reduce flood risk and strengthen the coast.

Some researchers believe those projects are important but not permanent fixes.

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“We have…right now we have a pretty high-quality flood protection system that’s obviously way better than it was during Katrina and we should certainly keep investing in upkeep, but we also have to recognize that’s only going to take us so far,” Tornqvist said.

State officials say those investments remain critical as Louisiana adapts to future flood risks.

Micheal Hare, executive director of the Coastal Protection and Restoration Authority, said the state’s coastal plan is designed to balance restoration work with protection projects, including levees.

“Our 2023 master plan certainly incorporates the best science available to us to then come up with a balanced approach between how do we effectively spend money on restoration as well as money on protection projects like levees,” Hare said.

Hare said those projects will continue to evolve as future risks change. CPRA and the Army Corps of Engineers are re-evaluating portions of the West Bank and Vicinity levee system in New Orleans to meet projected future flood risks within the next half-decade.

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“Morganza to the Gulf is a great example, location communities came together, they started funding it…so that protection is critical…It will constantly be maintained and constantly elevated to meet the new levels of threats and risks that are out there,” Hare said.

Coastal officials and researchers agree that what happens along Louisiana’s coast will continue to affect communities far beyond the shoreline for generations.

“And so maybe you don’t live behind the levee, but I promise you want those coastal communities to stay there and to keep working, and to stay productive and engaged…so that we don’t have to have these flood fights further north or lose parts of our economy,” Hare said.

Tornqvist said the decisions made now could shape the future of Louisiana communities.

“What’s really important to recognize is that the next few decades are basically going to decide the long-term future of cities like Baton Rouge,” Tornqvist said.

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Louisiana has always lived with water. As the coast changes and sea levels rise, the challenge is how communities across south Louisiana continue adapting for generations to come.

From the Gulf Coast to Baton Rouge, the future of Louisiana’s coastline is a conversation that impacts the entire state.

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Louisiana is the eighth most affordable state to retire, study says

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Louisiana is the eighth most affordable state to retire, study says




Louisiana ranks among the top 10 most affordable states to retire, according to a new study from Retirement Living, a national journal of retirement research.

Researchers analyzed each state’s housing costs, living expenses and tax friendliness to compile the ranking. Louisiana, they say, is the eighth most affordable state for retirees.

In Louisiana, the median monthly rent for a one-bedroom apartment is $932, the median home sale price is $255,000, monthly grocery spend per capita is $272, the average price per gallon of regular gas is $4, the average Medicare Advantage monthly premium is $13.35 and the average effective property tax rate is 0.55%.

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West Virginia is the most affordable state to retire, followed by Mississippi, Alabama, Oklahoma, Arkansas, Kentucky, Missouri, Louisiana, Indiana and Kansas. Researchers describe the South as “the sweet spot for an affordable retirement.”

The most expensive state to retire, meanwhile, is California, followed by Hawaii, Washington, Oregon, Colorado, New Jersey, Massachusetts, Utah, New York and Minnesota.

Read Retirement Living’s full report here.





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Louisiana agencies urge hurricane preparation ahead of season start

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Louisiana agencies urge hurricane preparation ahead of season start


BATON ROUGE, La. (WAFB) – With hurricane season approaching, the Louisiana Coastal Protection and Restoration Authority is bringing the community together to prepare before a storm forms.

“We can’t stop disasters from happening. We can’t stop hurricanes from happening. But what we can do is equip our communities with the resources that they need to prepare for these storms ahead of time,” said Jayda Morris, CPRA outreach manager.

The agency hosted an event featuring interactive storm simulations and a full model of the Mississippi River.

“If you do it now, like on a sunny day like today, you’re ready to go for the rest of the season,” Jay Grymes said.

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El Niño may reduce storms, but Louisiana still at risk

State Climatologist Jay Grymes said an El Niño pattern may reduce the number of storms in the Atlantic but warned against a false sense of security.

“In those 25 years, Louisiana, some part of the state has been impacted by 29 storms. That’s one a year, regardless of El Niño. So that should tell you something,” Grymes said.

He said the bigger concern is storms that can form in the Gulf with little warning.

“If we’re going to get a storm, it very possibly could be one that bubbles up in the Gulf and doesn’t give us five or seven days to track it coming our way. It gives us 40 hours to get ready for a landfall. So it’s imperative that you go ahead and do it now,” Grymes said.

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Preparation goes beyond stocking water

Preparing now includes walking through yards, checking trees, and knowing whether everyone in the family can survive two weeks without power.

PhD students with the LSU College of the Coast and Environment gave the community a virtual reality experience that puts users inside a storm.

“If they wear the goggles or play with the Apple Vision Pro, they can understand how high will the flood be, and they can know how dangerous is the hurricane scenario,” said Yixuan Wang.

The VR simulation uses real historical data to show users what compound flooding looks like in New Orleans and surrounding areas. The goal is to make the science real for people who can’t picture what a flood map means.

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“It’s just to let you understand the environment. We will add the audios, the different sound of the wind and the storm. And you can see how tense of the rainfall around you,” Wang said.

Organizers said the event is about making sure that when a storm threatens the area, families already know their plan.

Information from the event is available on CPRA’s website. Hurricane season runs through Nov. 30.

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