The United States Supreme Court on Wednesday rejected an appeal to prevent Alabama from carrying out the country’s first execution with nitrogen gas. This is the method chosen to apply the capital punishment to convicted murderer Kenneth Smith, who He survived a lethal injection in 2022. The failed attempt contributed to a review of the state’s death penalty procedures.

Now, the United States will use a technique that is unprecedented in the country and is based on covering the face with a mask that replaces the body’s oxygen with nitrogen. Alabama will thus carry out its second execution attempt by Alabama, after the first failed attempt caused serious trauma that would violate the Eighth Amendment of the US Constitution against cruel and unusual punishment.

The judges denied Smith’s request to stay his execution – scheduled for this Thursday – and He refused to listen to his defense. The prisoner has been serving a sentence for 36 years for murder for hire.