Supreme Court Liberals Condemn Nitrogen Hypoxia Executions as ‘Excruciating Suffocation’
The Supreme Court’s liberal justices have expressed strong opposition to nitrogen hypoxia executions, labeling the method as producing “excruciating suffocation.” Their dissent emphasizes the potential violation of the Eighth Amendment’s prohibition against cruel and unusual punishment.
Supreme Court Critique of Nitrogen Hypoxia Executions
On Thursday, Justice Sonia Sotomayor articulated serious concerns about the psychological and physical implications of nitrogen hypoxia as a method of capital punishment. Sotomayor’s dissent included a poignant exercise for the public, urging individuals to consider the horror of suffocation.
Details from the Dissenting Opinion
- Reflection Exercise: Sotomayor suggested starting a stopwatch and visualizing suffocation, emphasizing the urgency of the situation.
- Condemned Experience: She described the scenario of being strapped to a gurney with a nitrogen mask while the body’s instinct to breathe conflicts with the knowledge of an impending death.
Justice Sotomayor’s dissent was supported by Justices Elena Kagan and Ketanji Brown Jackson. The critique was part of the case concerning Anthony Boyd, who was convicted in 1995 for committing a heinous crime.
Context of Anthony Boyd’s Case
Boyd was sentenced to death for the brutal murder of Gregory Huguley in Alabama. Huguley was subjected to a horrific execution method, being burned alive over a drug debt. Despite calls to halt Boyd’s execution, the Supreme Court did not grant a stay, leading to his execution on the same day as the dissent was published.
Nitrogen Hypoxia: Method of Execution
Five states have adopted nitrogen hypoxia for executions, although only Alabama and Louisiana have implemented this method. This approach emerged after pharmaceutical companies restricted access to drugs used for lethal injections. In total, seven individuals have been executed using nitrogen hypoxia.
Concerns Raised by Justice Sotomayor
- Execution Timings: Sotomayor noted that it can take two to seven minutes to lose consciousness during nitrogen hypoxia, resulting in prolonged suffering.
- Call for Alternatives: Boyd sought execution by firing squad, which Sotomayor argued aligns more closely with the Eighth Amendment’s intent.
In closing, Justice Sotomayor criticized the court for disregarding Boyd’s plea and for overlooking the constitutional guarantees against inhumane treatment. Her dissent serves as a potent reminder of the ongoing debates about capital punishment methods in America.
