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Home > School of Law > Student > Law Review > Vol. > Iss. 2 (2026)

 

Western New England Law Review

Abstract

Method-of-execution challenges have intensified as lethal injection protocols face chronic instability. This Article evaluates whether execution by nitrogen hypoxia violates the Eighth Amendment and argues that it does not. The analysis applies Baze and Glossip to two questions: whether nitrogen hypoxia presents a substantial risk of severe pain and whether a feasible and readily implemented alternative would materially reduce that risk. This Article synthesizes historical Eighth Amendment principles with the contemporary record from executions by nitrogen hypoxia, related litigation materials, medical testimony, and physiological literature on inert-gas hypoxia.

The evidence indicates that nitrogen hypoxia typically produces rapid loss of consciousness and can be administered without intravenous access, scarce pharmaceuticals, or complex compounding arrangements, thereby reducing protocol-management risks associated with lethal injection. Although witnesses have reported inmates’ movements and gasping, those observations have not, to date, met the controlling standard for demonstrating a likelihood of unconstitutional pain.

This Article concludes that execution by nitrogen hypoxia aligns with the Supreme Court’s current Eighth Amendment doctrine. Nitrogen hypoxia offers a feasible and readily implementable method of execution that minimizes the risks associated with lethal injection while remaining within the bounds of constitutionally acceptable punishment. As courts continue to evaluate execution protocols in light of evolving standards of decency, nitrogen hypoxia is poised to endure judicial scrutiny as a constitutionally permissible method of carrying out the death penalty.

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