MONTGOMERY, Ala. (AP) — Alabama’s use of nitrogen gas to put people to death needs more study of whether it violates a constitutional ban on cruel and unusual punishment, a federal appeals court decided Monday.
The state first used nitrogen for capital punishment in 2024, and the ruling could upend Alabama’s next scheduled execution on Thursday. The method involves strapping a respirator to the person’s face and replacing breathable air with pure nitrogen, causing death from lack of oxygen.
The three-judge panel on Monday night reversed a judge’s May finding that the nitrogen method does not violate the U.S. Constitution’s ban on cruel and unusual punishment and remanded the case for additional consideration. The ruling came in a lawsuit filed last year by Jeffery Lee, a man on death row who is scheduled to be executed with nitrogen on Thursday at a south Alabama prison.
The panel stopped short of staying Lee’s planned execution. However, the panel asked the judge to consider whether his proposed alternative of a firing squad was feasible.
The U.S. Supreme Court requires a two-prong test for people challenging the constitutionality of an execution method. They must show the method provides a substantial risk of superadded pain and that a feasible alternative method is available. The appeals court said Lee met the first test but sent it back to the trial court to consider the second.
The appeals panel raised concerns about the nitrogen method and how long it might take the subject to lose awareness.
“In our view, the overall suffering described by the district court, which lasts for one to three minutes, presents a substantial risk of serious harm over and above death itself," the panel wrote. “Counting to 60 or 180 seconds is not a quick exercise, and constitutionally speaking, that timeframe is intolerable given the suffering that would likely take place under Alabama’s nitrogen hypoxia protocol.”
The Alabama Attorney General’s Office did not immediately issue a comment on the decision. The state has maintained the method is constitutional.
Opponents of the method cheered the decision.
“For the first time a court has acknowledged what I and so many others have seen with our own eyes. Nitrogen executions are a unique form of horror,” said the Rev. Jeff Hood, who was the spiritual adviser at two nitrogen executions.
Nitrogen has been used in eight executions nationally — seven times in Alabama and once in Louisiana. Lee’s attorneys argued it causes excessive suffering. Alabama’s last nitrogen execution took more than 30 minutes to complete.
Lee was convicted of two counts of capital murder for killing Jimmy Ellis and Elaine Thompson while robbing a pawn shop on Dec. 12, 1998. Prosecutors said Lee entered Jimmy’s Pawnshop with a sawed-off shotgun and shot Ellis, the owner of the store, and Thompson, a store employee.
A jury voted 7-5 that Lee should receive a sentence of life imprisonment. However, a judge overrode that recommendation and sentenced Lee to death. Alabama in 2017 ended the practice of judicial override and no longer allows a judge to disregard a jury’s sentencing decision in death penalty cases.
The ruling came several hours after a vigil was held at the Alabama Capitol urging the governor to reduce Lee’s sentence to life imprisonment.
Alabama Attorney General Steve Marshall said he opposed the clemency request.
“The people of Alabama have not forgotten Jimmy and Elaine. I have not forgotten them," Marshall said. “Anything short of carrying out the sentence imposed by the court falls short of justice for the victims, and that is not what victims of this state deserve.”
Abraham Bonowitz, of the group Death Penalty Action, leads a demonstration outside the Capitol in Montgomery, Ala., on Monday, June 8, 2026, to oppose an upcoming execution in Alabama. (AP Photo/Kim Chandler)
Protesters gather outside the Capitol in Montgomery, Ala., on Monday, June 8, 2026, to oppose an upcoming execution in Alabama. (AP Photo/Kim Chandler)
FILE- Alabama's lethal injection chamber at the Holman Correctional Facility in Atmore, Ala., is pictured, Oct. 7, 2002. (AP Photo/Dave Martin, File)
NEW YORK (AP) — Donald Trump was booed loudly by fans inside Madison Square Garden when he was shown on video screens during the national anthem as he became the first sitting president to attend an NBA Finals game.
Chants of “U-S-A! U-S-A!” echoed through the arena as Avery Wilson sang “The Star-Spangled Banner," but they they gave way to boos moments later as Trump was displayed on the jumbo screens giving a military salute. The jeers ended when the U.S. flag followed him on the screens, and fans cheered when New York Knicks players were shown. Mentions of the San Antonio Spurs also elicited vociferous boos.
Trump watched Game 3 from Knicks owner James Dolan’s suite, along with granddaughter Kai, personal adviser Boris Epshteyn and Cabinet secretaries Lee Zeldin, Sean Duffy and Doug Burgum. He sat next to Dolan for the first quarter and spent part of the second talking to NBA Commissioner Adam Silver and Republican gubernatorial hopeful Bruce Blakeman.
Trump’s Marine One helicopter flew from his home in New Jersey and landed near Wall Street before his motorcade made its way up through Manhattan and to the arena roughly an hour before tipoff. He encountered a handful of people making rude gestures, and outside the area, one group held signs saying “Trump must go.”
He settled into Dolan's suite shortly afterward.
During the afternoon before Trump's arrival, the New York Police Department and the U.S. Secret Service set up a large perimeter surrounding Madison Square Garden. Fans lined up to get inside the arena more than four hours before tipoff, in a scene more closely resembling New Year’s Eve in Times Square than the usual leadup to a basketball game.
They were required to provide a ticket or pass to get past various checkpoints, along with going through a Transportation Security Administration-style magnetometer. Secret Service personnel and police were positioned at every corner and in large numbers. Daily commuters, tourists visiting Manhattan and fans were all confounded at various times as they tried to maneuver the security.
After traveling from his home in Florida for the game, Knicks fan Greg Weldon said the main inconvenience faced so far has been the lack of information.
“We’ve asked so many cops, secret service, guys with machine guns, what to do, where should we go,” he said. “Nobody knows.”
Knicks coach Mike Brown and Spurs counterpart Mitch Johnson downplayed any concept of being inconvenienced by the closures and enhanced security because of Trump.
“There’s a lot going on, and I’d much rather be a part of it than not,” Johnson said.
With security stepped up, a watch party outside was canceled, and ticket-holders were not allowed to bring bags inside the Garden. Fans had gathered near the arena to watch games during this playoff run, during which the Knicks have won 13 games in a row to reach the final for the first time since 1999 and move two victories from their first NBA title since 1973.
“We are looking forward to bringing back watch parties for Game 4,” Police Commissioner Jessica Tisch said at a news conference Monday. "But I think New Yorkers are used to presidents coming to town, and they understand that that generally means lockdowns of areas and that’s what you’re going to see tonight at the Garden.”
This is the latest major sporting event Trump has attended during his time as president, and the security measures have created major hassles for fans.
Thousands of fans missed the start of last year’s U.S. Open men’s singles final between Carlos Alcaraz and Jannik Sinner because of lengthy security lines. Even though the U.S. Tennis Association pushed back the start of the match by a half-hour, many fans still couldn’t get in because added measures meant that they had to go through screening not only when they arrived at the Billie Jean King National Tennis Center but again in front of the steps into Arthur Ashe Stadium, where Trump watched from a suite.
Federal law enforcement officials have been reexamining Trump’s security in light of three incidents in the past two years: a shooting at a 2024 rally in Butler, Pennsylvania; the discovery of a man armed with a rifle as Trump played golf in West Palm Beach, Florida, later that year; and the recent shooting at the White House Correspondents’ Association dinner.
Asked Sunday his thoughts on Trump attending, Knicks center Mitchell Robinson said: “Cool, I guess. We can still get out there and play (no matter) who’s here and who’s not.”
Mayor Zohran Mamdani and other dignitaries were also at the game, as were Yankees Hall of Famer Derek Jeter and two-time Super Bowl-winning quarterback Eli Manning of the Giants.
It was already hard enough for Knicks fans to get inside Madison Square Garden because of astronomical ticket prices. The get-in price for a ticket is higher than the average cost of monthly rent in New York, surging over $5,000.
The best seats were listed for tens of thousands of dollars. Mamdani said he bought his ticket, which he said was standing-room-only, for about $1,000 directly from Madison Square Garden.
The difficulty of seeing the game in-person has prompted fans to crowd bars, streets and watch parties all over the city. The watch party near the Garden has become a major event all through the playoffs, but with Trump attending, that event was moved a few blocks away outside the security perimeter, at Bryant Park.
“We improvise,” said Knicks guard Jose Alvarado, who is a New York native. "We're New Yorkers. We’re going to find a way to watch a game, and that’s what we’re doing.”
AP Basketball Writer Brian Mahoney contributed to this report.
AP NBA: https://apnews.com/hub/NBA
President Donald Trump talks with Knicks owner James Dolan during Game 3 of the NBA Finals basketball series between the New York Knicks and the San Antonio Spurs at Madison Square Garden in New York, Monday, June 8, 2026. (AP Photo/Mark Schiefelbein)
U.S. Secret Service agents and a U.S. Marine brace against the downdraft as a support helicopter lands before Marine One with President Donald Trump aboard, at the Downtown Manhattan Heliport at Pier 6 in New York, Monday, June 8, 2026. (AP Photo/Mark Schiefelbein)
President Donald Trump gestures during the National Anthem as he attends an NBA Finals playoff basketball game between the New York Knicks and the San Antonio Spurs at Madison Square Garden in New York, Monday, June 8, 2026, with Kai Trump, left. (AP Photo/Mark Schiefelbein)
President Donald Trump gestures during the National Anthem as he attends an NBA Finals playoff basketball game between the New York Knicks and the San Antonio Spurs at Madison Square Garden in New York, Monday, June 8, 2026, with Kai Trump, left, Knicks owner James Dolan and Interior Secretary Doug Burgum, right. (AP Photo/Mark Schiefelbein)
NYPD officers escort the motorcade of President Donald Trump outside of Madison Square Garden ahead of Game 3 of the NBA Finals basketball series, Monday, June 8, 2026, in New York. (AP Photo/Ryan Murphy)
New York Knicks fans wait in line to enter Madison Square Garden ahead of Game 3 of the NBA Finals, Monday, June 8, 2026, in New York. (AP Photo/Ryan Murphy)
Madison Square Garden ahead of Game 3 of the NBA Finals, Monday, June 8, 2026, in New York. (AP Photo/Ryan Murphy)
Secret Service agents stand guard in front of Madison Square Garden ahead of Game 3 of the NBA Finals, Monday, June 8, 2026, in New York. (AP Photo/Ryan Murphy)
The motorcade of President Donald Trump arrives to Madison Square Garden ahead of Game 3 of the NBA Finals basketball series, Monday, June 8, 2026, in New York. (AP Photo/Ryan Murphy)
A Secret Service agent stands watch outside Madison Square Garden in New York, Monday, June 8, 2026, as President Donald Trump is set to attend Game 3 of the NBA Finals basketball series between the New York Knicks and the San Antonio Spurs. (AP Photo/Ted Shaffrey)
Security fencing is set up outside of Madison Square Garden in New York, Monday, June 8, 2026, as President Donald Trump is set to attend Game 3 of the NBA Finals basketball series between the New York Knicks and the San Antonio Spurs. (AP Photo/Ted Shaffrey)
Security is set up outside of Madison Square Garden in New York, Monday, June 8, 2026, as President Donald Trump is set to attend Game 3 of the NBA Finals basketball series between the New York Knicks and the San Antonio Spurs. (AP Photo/Ted Shaffrey)
FILE - President Donald Trump, center, attends the men's singles final at the U.S. Open tennis tournament, Sept. 7, 2025, in New York. (AP Photo/Manuel Balce Ceneta, File)
A traveler tries to navigate the area as stringent security measures are set up outside of Madison Square Garden in New York, Monday, June 8, 2026, as President Donald Trump is set to attend Game 3 of the NBA Finals basketball series between the New York Knicks and the San Antonio Spurs. (AP Photo/Ted Shaffrey)
FILE - Donald Trump, right, talks to an unidentified man from the stands at Madison Square Garden during the New York Knicks game against the Dallas Mavericks on Jan. 11, 2006, in New York. (AP Photo/Kathy Willens, File)
President Donald Trump speaks at Custer Farms in Chippewa Falls, Wis., Friday, June 5, 2026. (AP Photo/Glen Stubbe)
