The morning after, one truth stands: last night, the Constitution held.
After two federal courts found Alabama's nitrogen gas method cruel and unusual, in violation of the Eighth Amendment, Attorney General Steve Marshall and the State of Alabama took the fight to the United States Supreme Court, asking it to intervene on an emergency basis and allow the State to proceed with Mr. Lee's execution. Over the dissent of three justices, the Supreme Court refused to let the State proceed. Jeffery Lee is alive this morning.
But a reprieve on method is not justice on the merits. The courts spared Jeffery from one form of suffering. They did not answer the question that has shadowed this case for 26 years: How can Alabama execute a man whose jury voted for life?
Attorney General Marshall and Governor Ivey both say they will keep seeking justice. We could not agree more that justice must be served. In this case, justice is honoring the sentence imposed by Mr. Lee's jury through a 7-5 vote for life without parole.
The State has spent its energy, and the taxpayers' money, fighting over how to end Mr. Lee's life. We are asking Governor Ivey to consider whether it should end at all. In 2017 Alabama recognized that judicial override was wrong and abolished it. The State cannot now claim it was wrong enough to repeal, but reliable enough to execute.
The fight continues. We continue to ask Governor Ivey to honor the jury's decision, and to reckon with the legacy of the practice she abolished with the first bill she signed as governor. Clemency for Jeffery Lee is justice, and we all agree that justice must be served.