For the second time in two months, the U.S. Supreme Court, with its conservative majority, ruled in favor of a death row inmate challenging the use of lethal gas and firing squads as execution methods. The decision, handed down on June 16, 2026, stems from a case in Oklahoma, where the state sought to use nitrogen gas and firing squads after facing difficulties obtaining lethal injection drugs.
The Court's ruling, which was not unanimous, emphasized that the inmate's challenge raised serious questions about the constitutionality of these methods under the Eighth Amendment's ban on cruel and unusual punishment. The case was sent back to lower courts for further review, effectively delaying the execution.
This marks the second time the Supreme Court has intervened in execution method disputes in recent months, following a similar ruling in April 2026 regarding the use of nitrogen hypoxia. Legal experts note that the Court's actions reflect ongoing debates about the evolving standards of decency in capital punishment.
The inmate's legal team argued that both nitrogen gas and firing squads pose risks of severe pain and suffering, citing medical and historical evidence. The state of Oklahoma had defended the methods as humane and necessary to carry out sentences.
As of June 2026, no executions using nitrogen gas or firing squads have been carried out in the United States, though several states have authorized these methods. The Supreme Court's decision ensures continued litigation over the issue.
