Alabama is set to become the first state to execute an inmate using nitrogen gas. 

Fox News reports that the Supreme Court of Alabama, on Wednesday, in a 6-2 decision, approved this new execution method.

The method, also known as nitrogen hypoxia, uses a face mask connected to a cylinder of nitrogen. The mask is secured to the inmate's face, and, then, nitrogen gas is released into the mask. This deprives the inmate of oxygen, resulting in death by asphyxiation.

Oklahoma and Mississippi have also been given the go-ahead, by their state courts, to use this method. But, thus far, no state has used it, and Alamba is looking as though it could become the first state to do so.

Background

Alamaba is looking to use nitrogen hypoxia to execute inmate Kenneth Eugene Smith. Back in 1988, Smith and another individual were convicted of having carried out a murder-for-hire scheme that led to the death of Elizabeth Sennett, a preacher's wife.

The 58-year-old Smith has the distinction of being one of only two people in the United States, who are currently still alive, to survive an execution attempt.

In November, Alabama attempted to execute Smith using lethal injection. But, the attempt failed as those carrying out the execution were unable to properly insert the intravenous line for the lethal injection into Smith's vein.

So, now, Alabama is looking to use nitrogen hypoxia to carry out Smith's execution. Smith's lawyers, though, have been fighting this every step of the way.

After Alabama Attorney General Steve Marshall (R) requested, in August, that Smith be executed by nitrogen hypoxia, Smith's legal team came to his defense, arguing that such an execution method violates the "cruel and unusual punishments" clause of the Constitution.

Alabama's top court gives the okay

On Wednesday, the Supreme Court of Alabama gave Marshall the go-ahead to execute Smith using nitrogen hypoxia.

The court said that Alamaba Gov. Kay Ivey (R) must now set a date for the execution.

Marshall celebrated the ruling, saying:

Elizabeth Sennett's family has waited an unconscionable 35 years to see justice served. Today, the Alabama Supreme Court cleared the way for Kenneth Eugene Smith to be executed by nitrogen hypoxia. Though the wait has been far too long, I am grateful that our capital litigators have nearly gotten this case to the finish line.

The legal battle, however, still may not be finished.

Smith's legal team has made it clear that more appeals will be forthcoming.