United States District Court for the District of Nebraska

The United States District Court for the District of Nebraska (in case citations, D. Neb.) is the federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha and Lincoln.

United States District Court for the District of Nebraska
(D. Neb.)
LocationRoman L. Hruska Federal Courthouse
(Omaha)
More locations
Appeals toEighth Circuit
EstablishedMarch 25, 1867
Judges3
Chief JudgeRobert F. Rossiter Jr.
Officers of the court
U.S. AttorneyJan W. Sharp (acting)
U.S. MarshalScott E. Kracl
www.ned.uscourts.gov

Appeals from the District of Nebraska are taken to the United States Court of Appeals for the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

The United States Attorney's Office for the District of Nebraska represents the United States in civil and criminal litigation in the court. As of February 28, 2021 the acting United States attorney is Jan W. Sharp.

Notable case

In May 2005, Judge Joseph Bataillon struck down a constitutional amendment passed by Nebraska voters in 2000 that would have banned gay marriages. That decision, however, was reversed by the United States Court of Appeals for the Eighth Circuit. In its opinion issued on July 14, 2006, the Eighth Circuit held: the amendment rationally related to legitimate state interests, and therefore did not violate the Equal Protection Clause; the amendment could not be considered a bill of attainder; the amendment did not violate homosexuals' First Amendment right to associate; and the amendment did not violate homosexuals' First Amendment right to petition the government for redress of grievances.

Current judges

As of February 6, 2023:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
22 Chief Judge Robert F. Rossiter Jr. Omaha 1956 2016–present 2021–present — Obama
23 District Judge Brian C. Buescher Omaha 1975 2019–present — — Trump
24 District Judge vacant — — — — — —
15 Senior Judge Lyle Elmer Strom inactive 1925 1985–1995 1987–1994 1995–present Reagan
17 Senior Judge Richard G. Kopf Lincoln 1946 1992–2011 1999–2004 2011–present G.H.W. Bush
19 Senior Judge Joseph Bataillon Omaha 1949 1997–2014 2004–2011 2014–present Clinton
21 Senior Judge John M. Gerrard Lincoln 1953 2012–2023 2018–2021 2023–present Obama

Vacancies and pending nominations
Seat Prior judge's duty station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
2 Lincoln John M. Gerrard Senior status February 6, 2023 – –

Former judges
# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Elmer Scipio Dundy NE 1830–1896 1868–1896 — — A. Johnson death
2 William Douglas McHugh NE 1859–1923 1896–1897[Note 1] — — Cleveland not confirmed
3 William Henry Munger NE 1845–1915 1897–1915 — — Cleveland death
4 Thomas Charles Munger NE 1861–1941 1907–1941 — 1941 T. Roosevelt death
5 Joseph William Woodrough NE 1873–1977 1916–1933 — — Wilson elevation to 8th Cir.
6 James A. Donohoe NE 1877–1956 1933–1956 1948–1956 — F. Roosevelt death
7 John Wayne Delehant NE 1890–1972 1942–1957 1956–1957 1957–1972 F. Roosevelt death
8 Richard Earl Robinson NE 1903–1991 1956–1972 1957–1972 1972–1991 Eisenhower death
9 Robert Van Pelt NE 1897–1988 1957–1970 — 1970–1988 Eisenhower death
10 Warren Keith Urbom NE 1925–2017 1970–1990 1972–1986 1990–2017 Nixon death
11 Robert Vernon Denney NE 1916–1981 1971–1981 — 1981 Nixon death
12 Richard A. Dier NE 1914–1972 1971–1972 — — Nixon death
13 Albert Gerard Schatz NE 1921–1985 1973–1985 — — Nixon death
14 C. Arlen Beam NE 1930–present 1981–1987 1986–1987 — Reagan elevation to 8th Cir.
16 William G. Cambridge NE 1931–2004 1988–2000 1994–1999 — Reagan retirement
18 Thomas Michael Shanahan NE 1934–2011 1993–2004 — 2004–2011 Clinton death
20 Laurie Smith Camp NE 1953–2020 2001–2018 2011–2018 2018–2020 G.W. Bush death
  1. Recess appointment; the United States Senate later rejected the appointment.

Chief judges

Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge.

A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

See also

Footnotes

    Further reading
    • John R. Wunder and Mark R. Scherer, Echo of Its Time: The History of the Federal District Court of Nebraska, 1867-1933. Lincoln, NE: University of Nebraska Press, 2019.

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