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Eighth Amendment litigation

The application of the Eighth Amendment framework to challenges against nitrogen hypoxia executions, including the requirement to prove a substantial risk of severe pain and to propose a feasible alternative.

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Jan 28, 2026
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What have court rulings said about the constitutionality of nitrogen hypoxia and other gas‑based execution methods?

Federal and state courts have so far declined to categorically enjoin , applying the ’s method‑of‑execution framework that requires inmates to identify a feasible, readily implemented alternative and ...