Supreme Court rejects Alabama's bid to use lethal injection against inmate's wishes

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.

The Atlanta-based 11th U.S. Circuit Court of Appeals ruled for Smith in November, saying that because the state has approved use of lethal gas, Smith could seek an alternative method of execution.Smith by lethal injection. Officials called off the execution after struggling to insert an intravenous line before the death warrant expired at midnight. The Supreme Court, which regularly allows executions to take place, had earlier allowed the execution to proceed.

"When the question is whether the Eighth Amendment requires a state to replace its chosen method with an alternative method in executing the plaintiff, it is simply irrelevant, without more, that the state's statutes authorize the use of the alternative method that are to take place sometime in the indefinite future," Thomas wrote.

Alabama Attorney General Steve Marshall is disappointed with the Supreme Court's action, and his office is "reviewing the decision to determine the next steps," spokeswoman Amanda Priest said.Smith's lawyer, Robert Grass, declined to comment. He said in court papers that the state is already planning to execute other death row inmates using lethal gas.that rejected a challenge to the lethal injection protocol used by Oklahoma.

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