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Left: Right: This undated photo provided by 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). Right: Associate U.S. Supreme Court Justice Sonia Sotomayor poses for the official photo at the Supreme Court in Washington, D.C. on Oct. 7, 2022. (OLIVIER DOULIERY/AFP via Getty Images)

The U.S. Supreme Court did not intervene to stop the nation’s first execution by nitrogen hypoxia — a move that all three justices of the court’s liberal wing opposed.

“With deep sadness, but commitment to the Eighth Amendment’s protection against cruel and unusual punishment, I respectfully dissent,” wrote Justice Sonia Sotomayor in a dissent issued Thursday afternoon regarding the then-pending execution of Kenneth Eugene Smith. Smith, 58, was put to death Thursday night.

As Law&Crime previously reported, Smith has been on death row since 1996 for his role in a gory murder-for-hire plot that left a minister’s wife dead after a vicious beating and repeated stabbing inside her Alabama home in 1988. After years of legal wrangling and a failed execution attempt in November 2022, Smith died by capital punishment on Thursday night, after Justice Clarence Thomas rejected Smith’s final appeal in a two-sentence denial earlier that day.

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