In a significant decision, the US Supreme Court has declined to block Alabama from implementing a previously unused method of execution - nitrogen gas. Kenneth Eugene Smith, a convicted murderer, had sought the court's intervention, arguing that the use of nitrogen gas would constitute cruel and unusual punishment.

Smith's request for intervention followed Alabama's failed attempt to execute him by lethal injection two years ago for his 1989 murder conviction. However, Smith's scheduled execution may still face delays as the case is being considered by judges in the 11th US Circuit Court of Appeals.

Smith's legal team filed the appeal with the lower court, citing concerns over the use of "untested methods" such as nitrogen gas for executions. If the execution proceeds, Smith would become the first person in the United States to face death by nitrogen gassing.

In November 2022, Alabama executioners attempted to execute Smith through a lethal blend of chemicals but were unsuccessful. They were unable to find a suitable vein before the state's death warrant expired at midnight. Smith's lawyers argue that subjecting convicts to multiple failed execution attempts violates the constitution's prohibition against "cruel and unusual" punishment.

The crime for which Smith was convicted dates back to 1989 when he and his partner-in-crime, John Forrest Parker, were found guilty of murdering a preacher's wife, Elizabeth Sennett. The victim was brutally stabbed and beaten to death in what was described as a $1,000 (£786) killing-for-hire scheme. During his trial, Smith admitted to being present during the attack but maintained that he did not participate in the violence.

Notably, Parker was executed in 2010 for his role in the crime, while Smith has continued to challenge his sentence. The outcome of the ongoing legal battle in the 11th US Circuit Court of Appeals will determine the fate of Smith's execution by nitrogen gas.

The use of nitrogen gas for capital punishment, previously unexplored in the United States, has raised significant concerns and legal questions. As the legal proceedings continue, the nation remains divided on the ethical implications of this novel method of execution.