A divided Alabama Supreme Court has said that Alabama can execute an inmate with nitrogen gas, a method that has not previously been used carry out a death sentence. The all-Republican court in a 6-2 decision authorized an execution warrant for Kenneth Eugene Smith. The exact date of the execution will be set later by Alabama Gov. Kay Ivey. The decision moves Alabama closer to being the first state to attempt an execution with nitrogen gas, although there is likely to be additional litigation over the proposed new execution method. Three states — Alabama, Oklahoma and Mississippi — have authorized nitrogen hypoxia as an execution method but no state has attempted to use it.
