Supreme Court sides with Alabama inmate who wants to be put to death by nitrogen hypoxia

The U.S. Supreme Court on Monday sided with an Alabama death row inmate, who had his lethal injection called off at the last minute in November, and argues he should be put to death by nitrogen hypoxia when he is ultimately executed.

Justices without comment rejected the Alabama attorney general's request to review an 11th U.S. Circuit Court of Appeals decision regarding inmate Kenneth Eugene Smith. The state argued the decision disregarded Supreme Court precedent that an inmate challenging an execution method must show that an alternative method is readily available, not just feasible.

Alabama has authorized nitrogen hypoxia - death as a result of breathing pure nitrogen - as an execution method but no state has attempted to use the untested method to put an inmate to death.