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, 2024, it had 235 amendments. (Source: John Dinan, 2024)
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American Indians and Indigenous Peoples in State Constitutions
In the shadow of federal law, some state constitutions address American Indian land, taxation, gaming permissions, voting rights, cultural protection, and governance.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
States Grapple with the Death Penalty
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The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.