It’s a question the Supreme Court may answer at some point today, as Alabama maintains it will move forward with the planned execution of double murderer Jeffrey Lee despite lower court decisions.  Late last night, an appeals court upheld a judge’s ruling this week that Alabama’s nitrogen gas method of execution is unconstitutional because it is cruel and unusual. Alabama may legally follow through with tonight’s planned execution, with one of its other methods: lethal injection or electrocution, unless the Supreme Court steps in and allows the state to use nitrogen gas.

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