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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2024 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions with measures focusing on abortion, election procedures, minimum wage policy, and more.
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
Nebraska Supreme Court Allows People Who Completed Felony Sentences to Vote
The ruling comes months after Nebraska’s secretary of state blocked those with felony convictions from registering.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
State Courts Determine Whether Abortion Rights Amendments Will Go Before Voters
Cases in multiple states demonstrate the significant roles state judges play in the direct democracy process.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.