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Emergency application · Capital case

Nitrogen gas execution

Jeffery Lee v. Greg Lovelace, Commissioner, Alabama Department of Corrections

Denied
No. 26A337Stay applicationFiled by a prisoner facing executionPresented to Justice ThomasFrom United States Court of Appeals for the Eleventh Circuit

What did the Court do?

The Court denied the request on September 17, 2026 and refused to halt the execution.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 6 days after filing

What's being asked

Jeffery Lee, a prisoner under a death sentence, asks the Supreme Court to temporarily stop his execution. The underlying dispute concerns Alabama’s method of execution. The appeals court said an earlier ruling barred Alabama from executing Lee with nitrogen gas (nitrogen hypoxia) under its current protocol. It said Alabama now plans to use lethal injection.

What the Court did

The Court refused emergency help and denied Lee’s request to pause his execution. It also denied Lee’s petition for certiorari (a request for Supreme Court review). The order does not decide the underlying legal dispute. The Court did not publish how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 89 rulings on capital applications decided without a response came 2 to 5 days after filing, and the median was 3 days; this one was ruled on 6 days after filing.

What it means

The Supreme Court’s order refused only a temporary pause; it did not decide the main dispute over Alabama’s execution method. The Eleventh Circuit’s refusal to pause the execution remains in place; the docket lists no related case on the main question or argument date.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A337. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked November 3, 2026