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death penalty
There Is No Right Way for the State to Kill People
From noose to needle to nitrogen, our constant search for a more acceptable way to administer the death penalty is a story of failure—not moral progress.
May 31, 2026
As a long-time death penalty abolitionist, I’ve often compared the death penalty in America to a train with no brakes: Once the machinery starts moving, it becomes extraordinarily difficult to stop.
But the real problem is that the train should never have been built.
Today, Alabama, Louisiana, Mississippi, Oklahoma, and Arkansas are experimenting with nitrogen gas executions, a method officials claim is more humane. But from noose to needle to nitrogen, our constant search for a more acceptable way to kill is a story of failure—not moral progress.
There’s no acceptable way to practice a form of state killing that, for Black Americans especially, has long been intertwined with terror.
History should make us skeptical whenever governments begin searching for new technologies to make killing appear more acceptable.
Take my home state of Arkansas. Within a year of becoming a state in 1836, Arkansas adopted laws establishing a racial hierarchy by which even civilian whites could dispossess or punish a Black person. These codes even designated certain offenses as capital crimes when committed by Black people but lesser crimes when committed by white people.
The message was clear: Some lives were worth less than others.
That message echoed through the decades that followed. Between 1877 and 1950, Arkansas recorded 493 documented lynchings—the highest per capita rate in the nation. In Arkansas and throughout the South, these killings were not hidden crimes. They were public spectacles—acts of terror meant to reinforce social hierarchy.
Eventually, lynching became politically unacceptable. But state killing did not disappear—it simply changed form. The spectacle moved behind prison walls, and the language became more clinical. But the act of killing remained the same.
George Hays, who served two terms as governor of Arkansas, wrote in 1927 that “if the death penalty were to be removed from our statute-books, the tendency to commit deeds of violence would be heightened owing to the Negro problem. The greater number of the race do not maintain the same ideals as the whites.”
Since the Civil War, Arkansas has executed nearly 500 people—and 68% of those executed were Black or Native American. This is not distant history. Black inmates make up about 50% or more of the state’s death row today, despite Black Arkansans comprising less than 16% of the state’s total population.
Nor is Arkansas an outlier. Nationally, over half the people on death row today are Black or Hispanic.
Modern executions are often carried out by lethal injection, presented as sterile and humane. The condemned is strapped to a gurney while witnesses sit behind glass and chemicals stop the heart. But as these chemicals become less available, Arkansas and some other states have replaced lethal injection with nitrogen gas executions.
They claim the method is painless, but it is death by suffocation. Even veterinarians are forbidden from euthanizing cats and dogs with nitrogen hypoxia because it takes too long to lose consciousness and amounts to torture.
History should make us skeptical whenever governments begin searching for new technologies to make killing appear more acceptable. During the Holocaust, Nazi Germany constructed gas chambers designed to turn mass death into a technical process. This process was bureaucratic, hidden from public view, and deemed “efficient.”
Today, the death penalty follows a disturbingly similar logic. Each generation promises that the newest method will finally make execution humane. The noose. The electric chair. The gas chamber. Lethal injection. Now nitrogen gas.
Yet the fundamental act has never changed. The state still kills. The train keeps moving. Even when jurors change their minds. Even when victims’ families plead for mercy. Stopping the train requires courage—especially from elected leaders who have the power to do it.
Our history tells us what happens when a society accepts killing as justice. The death penalty has evolved for nearly two centuries, but there is only one real measure of moral progress: not how we kill, but whether we finally choose to stop.
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Tony Carruthers Receives 1-Year Stay After 'Outright Barbaric' Botched Execution in Tennessee
"Tennessee has effectively made the case against the death penalty," said one opponent of capital punishment.
May 21, 2026
A Tennessee man set to be executed on Thursday got a temporary reprieve—but not due to any intervention by the US Supreme Court.
As reported by The Associated Press, the execution of Tony Carruthers was called off after medical officials struggled to locate a vein during the scheduled lethal injection procedure.
After the failed execution, Republican Tennessee Gov. Bill Lee ordered a one-year stay for Carruthers, who has been on death row for three decades after being convicted of kidnapping and murdering three people in 1996.
Maria DeLiberato, an attorney representing Carruthers, told the AP that she saw her client "wincing and groaning" during the botched procedure, which she described as "horrible" to watch.
DeLiberato, who is also senior counsel at the ACLU’s Capital Punishment Project, later issued a statement describing the execution attempt as "outright barbaric," and reiterated demands for state investigators to examine potentially exculpatory forensic evidence before proceeding with any future attempt.
"We are incredibly relieved Gov. Lee issued a reprieve," DeLiberato said. "We will also continue to push the governor to use this moment to allow the forensic testing that should have happened long ago. Tennessee cannot continue torturing a man while refusing to answer serious questions about his innocence."
The ACLU on Wednesday had called for the US Supreme Court to block Carruthers' execution until all potentially exculpatory evidence had been fully examined.
Lucas Cameron-Vaughn, legal director of the ACLU of Tennessee, said the state had a duty to ensure that it had convicted the right man, and he pointed to troubling aspects of the case that should give courts pause before signing off on his execution.
“Mr. Carruthers was forced to represent himself at trial, and now faces death based on flimsy circumstantial evidence, and unreliable witnesses,” Cameron-Vaughn said. “Forensic evidence the state refuses to test could change everything."
Laura Porter, executive director for US Campaign to End the Death Penalty, argued that the botched execution shouldn't just give Carruthers a one-year reprieve, but should push the US to end capital punishment all together.
"Tennessee has effectively made the case against the death penalty," said Porter. "They forced Tony Carruthers to represent himself at his own capital trial, failed to test DNA and fingerprint evidence and now they have failed to execute him. It is time to end the death penalty."
Stacy Rector, executive director for Tennesseans for Alternatives to the Death Penalty, described the failed execution as "horrifying but not surprising," adding that her organization "has sounded the alarm for years about the serious problems with lethal injection and urged our state toward greater transparency so these problems can be addressed."
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ACLU Urges Supreme Court to Stop Tennessee From 'Executing a Potentially Innocent Man'
"The court must stand firmly on the side of truth, fairness, and the basic principle that we should not take a life while serious questions of innocence remain unanswered."
May 20, 2026
The ACLU on Wednesday urged the US Supreme Court to intervene and block the state of Tennessee from executing a man who could be exonerated by DNA evidence.
In its plea to the court, the ACLU said that Tennessee is "sitting on unidentified DNA and fingerprint evidence" that could prove the innocence of Tony Carruthers, who has been on death row for three decades after being convicted of kidnapping and murdering three people in 1996.
The ACLU has repeatedly asked for Carruthers' execution, which is scheduled for Thursday, to be postponed so that investigators can take between two and three weeks to examine potentially exculpatory forensic evidence.
Lucas Cameron-Vaughn, legal director of the ACLU of Tennessee, said the state had a duty to ensure that it had convicted the right man, and he pointed to troubling aspects of the case that should give courts pause before signing off on his execution.
“Mr. Carruthers was forced to represent himself at trial, and now faces death based on flimsy circumstantial evidence and unreliable witnesses," Cameron-Vaughn said. "Forensic evidence the state refuses to test could change everything. The Supreme Court must act now to stop Tennessee from taking an irreversible step while so many critical questions remain unanswered.”
Maria DeLiberato, senior counsel at the ACLU’s Capital Punishment Project, argued that the Supreme Court is "the final safeguard between Tennessee and this irreversible injustice" that would come from executing someone for a crime they may not have committed.
"We are only hours away from the state of Tennessee executing a potentially innocent man while they are sitting on evidence that could prove who really committed this crime," DeLiberato said. "The court must stand firmly on the side of truth, fairness, and the basic principle that we should not take a life while serious questions of innocence remain unanswered and while readily available forensic testing could answer those very questions."
Republican Tennessee Gov. Bill Lee on Tuesday said he would not intervene to stop Carruthers' execution, even after local faith leaders and past exonerees delivered a petition signed by more than 130,000 Americans asking him to reconsider.
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