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)
Filters
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.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.