Washington, D.C. — Attorneys for death row prisoner Jessie Hoffman filed an emergency request with the U.S. Supreme Court late Sunday night, seeking to block his scheduled execution on Tuesday under Louisiana’s newly-adopted nitrogen gas protocol. The legal filing argues that the untested method poses extreme psychological suffering and violates Hoffman’s religious freedom as a practicing Buddhist.
The petition urges the Court to review two critical constitutional questions: whether inflicting psychological terror during execution violates the Eighth Amendment’s ban on cruel and unusual punishment, and whether forcing Hoffman to die by nitrogen gas unlawfully burdens his ability to engage in meditative breathing—a core Buddhist practice—in violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA).
“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 are fully considered,” said Cecelia Kappel, one of Hoffman’s attorneys. “There are plenty of execution methods that would not interfere with Jessie’s religious practice, but nitrogen gas uniquely makes it impossible for him to meditate as he dies.”
The case stems from Louisiana’s recent decision to restart executions after a 15-year hiatus, selecting nitrogen hypoxia as the method. Hoffman’s execution was scheduled for March 18, just weeks after the state finalized the protocol. The filing highlights that Louisiana law prohibits nitrogen gas for animal euthanasia, raising further questions about its human application.
Earlier this month, a federal district court heard extensive expert testimony and granted Hoffman a preliminary injunction, finding that the nitrogen gas method likely violates the Eighth Amendment due to the intense psychological terror it inflicts. Experts testified that the method causes sensations similar to waterboarding, producing “conscious terror and a sense of suffocation” that could last up to five minutes.
However, the Fifth Circuit Court of Appeals overturned the injunction, ruling that psychological suffering—no matter how severe—cannot be considered under the Eighth Amendment. Hoffman’s legal team argues this decision conflicts with Supreme Court precedent and deepens an existing split among federal appeals courts.
The petition also centers on Hoffman’s Buddhist beliefs, which require meditative breathing at the moment of death to achieve a good rebirth. Nitrogen hypoxia, his attorneys argue, fundamentally prevents this practice by forcing inhalation of lethal gas.
“This breathing practice has profound spiritual significance, and its denial violates federal protections for religious exercise,” the petition states.
Louisiana’s nitrogen gas protocol was finalized amid growing scrutiny of the method following Alabama’s controversial executions using nitrogen hypoxia—each widely criticized as gruesome and prolonged. Hoffman’s lawyers noted that Alabama’s federal court recently allowed a challenge to its gas protocol to proceed, finding a substantial risk of unconstitutional suffering.
“This is not a last-minute appeal,” Kappel emphasized. “Louisiana announced its new protocol and execution date only last month. The Supreme Court must intervene to prevent a horrifying and unlawful execution.”
Hoffman’s fate now rests with the nation’s highest court, which could issue a decision before his scheduled execution on Tuesday, March 18.
