Kenneth Eugene Smith is slated to become the first person in the world put to death with nitrogen gas after the US Supreme Court and a federal appeals court both refused to stop his execution on Thursday.
The US Supreme Court declined his stay of execution on Wednesday afternoon, while news of the federal ruling came around 7pm. Smith is scheduled to be put to death around 6pm on Thursday at William C Holman Correctional Facility in Atmore.
“Smith has failed to show a substantial likelihood of success on the merits of his claims,” the 11th US Circuit Court of Appeals ruled. Smith’s attorneys asked the court to block the execution because of the risks associated with the untested method, which has been publicly questioned by the UN and veterinarians.
“Smith may not be constitutionally guaranteed a painless death, but I have concerns that these circumstances may rise to a cruel and unusual execution,” Judge Charles R Wilson wrote in the majority opinion.
Earlier this month, US District Judge Austin Huffaker declined to block Smith’s execution and his attorneys appealed the decision. On Thursday, the appeals court affirmed his ruling.