Nebraska
Nebraska’s highest court is the Nebraska Supreme Court. The court has six associate justices and one chief justice. The chief justice is appointed according to the same procedure as the associate justices. (Source: Nebraska Supreme Court)
Judicial Selection
The governor appoints justices to the Nebraska Supreme Court from a list provided by a judicial nominating commission. After at least three years on the court, the justice may stand for a six-year term in an unopposed yes/no retention vote at the time of Nebraska’s next general election. Justices may stand for additional terms in the same retention process. When a seat on the Nebraska Supreme Court opens in the middle of a justice’s term, the governor appoints a candidate from a list provided by a judicial nominating commission. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Nebraska has had two state constitutions adopted in 1866 and 1875. As of January 1, 2026, it had 236 amendments. (Data on file with John Dinan, Wake Forest University.)
The Nebraska Constitution: Creator of the Country’s Only Unicameral Legislature
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The Quiet Campaign Against Direct Democracy
As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.
What This Year's U.S. Supreme Court Term Means for State Courts
The Court’s decisions on religious liberties, transgender rights, gun restrictions, and more have significant implications for state lawmakers, courts, and constitutions.
Hemani Is Not the End of Drug-and-Gun Litigation
The U.S. Supreme Court’s decision that it was unconstitutional to disarm a person based on regular marijuana use contains lessons for state judges, policymakers, and litigants.
A Territorial Death Penalty Case Carries a Warning for the States
A federal court of appeals case from the U.S. Virgin Islands shows how Congress could take charging decisions away from state prosecutors and impose capital punishment for state crimes.
250 Years of State Constitutions
Early state charters are essential to understanding the American founding.
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.