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This undated photo provided by the Alabama Department of Corrections shows inmate Kenneth Eugene Smith, who was convicted in a 1988 murder-for-hire slaying of a preacher

This undated photo provided by the Alabama Department of Corrections shows inmate Kenneth Eugene Smith, who was convicted in a 1988 murder-for-hire slaying of a preacher’s wife. (Alabama Department of Corrections via AP, File)

The state of Alabama has tried to kill Kenneth Eugene Smith before. Now, with the U.S. Supreme Court’s tacit approval, executioners will have their chance once again on Thursday. This time using nitrogen gas.

On Wednesday, with no recorded dissents, the nine justices on the nation’s highest court declined to pause what will be the first of its kind: an experimental execution enacted by nitrogen hypoxia.

The court declined to say why it allowed the execution to go forward.

“The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied,” the terse order reads. “The petition for a writ of certiorari is denied.”

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