Federal judge rules that nitrogen execution does not violate U.S. Constitution

A federal judge has ruled Alabama's use of nitrogen gas to carry out executions does not violate the U.S. Constitution.

U.S. District Judge Emily Marks rejected claims that the method causes excessive suffering.

The ruling came after the first bench trial in the nation examining the constitutionality of the execution method.

The method has been used to put nine people to death, eight in Alabama and one in Louisiana.

Death row inmate Jeffery Lee filed the lawsuit challenging the constitutionality of the method.

Lee is scheduled to be executed next month.

Court filings indicate his attorneys are appealing the decision.