WASHINGTON — The Supreme Court on Monday rejected Alabama's bid to execute a death row inmate by lethal injection, leaving in place a lower court ruling that his preference for lethal gas is a viable alternative method.
Conservative Justices Clarence Thomas and Samuel Alito said they would have ruled in favor of the state. Alabama officials say that although lethal gas was approved as a method of execution in 2018, an execution protocol has not been finalized. It gave prisoners 30 days to choose an alternative method, an option Smith did not choose at the time, the state says.
The court then made it clear that if an inmate wants to challenge the method of execution, he must show that there is a feasible alternative that can be readily implemented.
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