A judge on Wednesday refused to stop the nation’s third scheduled execution by nitrogen gas that is planned in Alabama for later this month. U.S. District Judge R. Austin Huffaker Jr. denied a request to block Alabama from executing Carey Dale Grayson on Nov. 21 using the same nitrogen gas protocol. The judge said Grayson failed to meet the the high legal burden of showing that he is likely to prevail on a claim that that the execution method is unconstitutionally cruel. John Palombi, an attorney with the Federal Defenders Program that is representing Grayson, said they plan to appeal. Alabama has carried out two executions with nitrogen gas
