Move follows Alabama’s recent killing of death row inmate Kenneth Smith using previously untested method

Three of the largest manufacturers of medical-grade nitrogen gas in the US have barred their products from being used in executions, following Alabama’s recent killing of the death row inmate Kenneth Smith using a previously untested method known as nitrogen hypoxia.

The three companies have confirmed to the Guardian that they have put in place mechanisms that will prevent their nitrogen cylinders falling into the hands of departments of correction in death penalty states. The move by the trio marks the first signs of corporate action to stop medical nitrogen, which is designed to preserve life, being used for the exact opposite – killing people.

The green shoots of a corporate blockade for nitrogen echoes the almost total boycott that is now in place for medical drugs used in lethal injections. That boycott has made it so difficult for death penalty states to procure drugs such as pentobarbital and midazolam that a growing number are turning to nitrogen as an alternative killing technique.

Now, nitrogen producers are engaging in their own efforts to prevent the abuse of their products. The march has been led by Airgas, which is owned by the French multinational Air Liquide.

  • @Maggoty
    link
    710 months ago

    Shinn V Ramirez, 2022.

    They were arguing ineffective counsel post conviction because evidence wasn’t submitted that could have shown Ramirez was innocent. Lower courts agreed, citing previous SCOTUS rulings. SCOTUS decided federal courts must be bound by the original evidence only.

    Money Quote -

    Two of those costs are particularly relevant here. First, a federal order to retry or release a state prisoner overrides the State’s sovereign power to enforce “societal norms through criminal law.” Calderon v. Thompson, 523 U. S. 538, 556.

    Second, federal intervention imposes significant costs on state criminal justice systems. See, e.g., Wainwright v. Sykes, 433 U. S. 72, 90. Pp. 6–8.

    (Separated for clarity)

    Personally I love how they say we need to respect a state’s right to enforce social norms. With the death penalty. Because those are equivalent things. Betty doesn’t like to mow her lawn. She likes to let her neighbor Lucy do it. Off to the chair for her! Okay jokes aside what they mean is their power to make laws, enforce laws, and have a court system.

    And then it’s too expensive? Really? I’m not going to be surprised when we end up with the purge only instead of being everywhere it’s actually when the air raid siren goes off during yard time at the prison.