Jessie Hoffman asks Supreme Court to block Louisiana’s first nitrogen gas execution

BATON ROUGE, La. (Louisiana First) — Attorneys for Louisiana death row inmate Jessie Hoffman have filed an emergency petition with the U.S. Supreme Court, asking justices to halt his execution, which is scheduled for Tuesday, March 18.

The petition for writ of certiorari and application for stay of execution were filed Sunday, March 16, marking the latest development in the ongoing legal battle over Louisiana’s use of nitrogen hypoxia as a new execution method.

Defense argues nitrogen gas execution is unconstitutional

Hoffman’s attorneys argue that Louisiana’s nitrogen gas execution protocol violates the U.S. Constitution and federal religious protections.

The petition raises two key legal questions:

• Whether execution by nitrogen gas violates the Eighth Amendment’s ban on cruel and unusual punishment due to the psychological suffering, terror, and mental anguish it allegedly causes.
• Whether nitrogen hypoxia infringes on Hoffman’s religious rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) by preventing him from engaging in meditative breathing, a core Buddhist practice at the time of death.

“Jessie Hoffman’s case raises exceptionally important constitutional and statutory issues that have divided the federal courts,” said Cecelia Kappel, one of Hoffman’s attorneys. “It would be unconscionable for the Supreme Court to allow Jessie to be executed before these questions of religious freedom and cruel and unusual punishment can be carefully and thoroughly resolved.”

District court initially ruled in Hoffman’s favor

Hoffman, 46, was sentenced to death for the 1996 kidnapping and murder of Molly Elliott in New Orleans. Louisiana has not carried out an execution in 15 years but announced in February that it would resume executions using nitrogen gas after the legislature approved the method in 2024.

Hoffman’s attorneys filed a lawsuit and motion for a preliminary injunction in late February, arguing that Louisiana’s execution protocol lacked transparency and posed a severe risk of unnecessary suffering.

A federal district court ruled in Hoffman’s favor on March 11, citing expert testimony that nitrogen gas would cause prolonged psychological terror akin to waterboarding. However, the Fifth Circuit Court of Appeals later vacated that injunction, allowing the execution to proceed unless the U.S. Supreme Court intervenes.

Louisiana defends execution method

Attorney General Liz Murrill, who has championed Louisiana’s push to resume capital punishment, filed an emergency brief on March 12 urging the courts to allow the execution to move forward.

“We disagree with the district court’s decision and immediately appealed to the Fifth Circuit,” Murrill said. “There’s nothing legally preventing us from moving forward with executing Jessie Hoffman if the injunction is lifted.”

Murrill argues that nitrogen hypoxia has been upheld by the U.S. Supreme Court as constitutional and has been previously used in Alabama. She dismissed concerns about psychological suffering, stating that courts focus on physical pain rather than emotional distress when evaluating execution methods.

Religious leaders, legal experts call for halt

Hoffman’s case has drawn opposition from Louisiana faith leaders and anti-death penalty advocates, who have called on state officials to halt the execution.

The Supreme Court petition asserts that Louisiana failed to properly disclose details of its nitrogen gas execution protocol, only releasing its full procedures on the eve of the March 7 hearing. The lack of transparency, attorneys argue, violates due process and prevents meaningful legal scrutiny.

The petition also highlights recent legal challenges to Alabama’s nitrogen executions, where witnesses reported that inmates convulsed, gasped, and showed visible signs of distress for extended periods before losing consciousness.

“There are plenty of execution methods Louisiana could adopt that would not interfere with Jessie’s ability to practice his Buddhist meditative breathing,” Kappel said. “And only one—nitrogen gas—that makes it impossible for him to do so.”

What happens next?

The U.S. Supreme Court could issue a ruling on the stay request at any time before March 18. If the court denies the request, Louisiana could proceed with executing Hoffman by nitrogen hypoxia. If the stay is granted, the execution will be delayed indefinitely while legal arguments continue.

Louisiana First News will continue to follow developments in this case.

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