Manufacturers Impede Death Penalty Enforcement

What’s happening: The nation’s leading manufacturers of medical-grade nitrogen gas announced they will take measures to prevent their products from being used for execution by nitrogen hypoxia. The first execution by this method occurred Jan. 25 when Kenneth Smith was put to death in Alabama for murdering Elizabeth Sennett.

• Hypoxi-what? Nitrogen hypoxia is effected by securing a breathing apparatus to the recipient’s face and releasing a flow of pure nitrogen gas. Starved of oxygen, the convicted loses consciousness and dies.

A familiar strategy: The decision emulates a strategy implemented by drug manufacturers opposed to capital punishment. Johnson & Johnson refuses to sell drugs to prison officials for such purposes; thus, some death penalty states are unable to acquire drugs authorized for use by juries and judges.

New and old methods: Nitrogen hypoxia represents one of many execution methods that states are exploring. While some states adopted nitrogen hypoxia, others returned to more medieval methods. South Carolina ratified the firing squad in 2021, while Louisiana recently resumed use of the electric chair.

Why it matters: States are working to uphold laws and bring justice to victims, but while reliant on outside contractors for supplies, they continue to be hamstrung by death penalty opponents . The result is a toothless death penalty, as high crime remains a problem across the country.