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United States District Court for the District of Nebraska

From Wikipedia, the free encyclopedia
United States federal court with jurisdiction in Nebraska
United States District Court for the District of Nebraska
(D. Neb.)
LocationRoman L. Hruska Federal Courthouse
Appeals toEighth Circuit
EstablishedMarch 25, 1867
Judges3
Chief JudgeRobert F. Rossiter Jr.
Officers of the court
U.S. AttorneyLesley A. Woods(interim)
U.S. MarshalScott E. Kracl
www.ned.uscourts.gov

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TheUnited States District Court for the District of Nebraska (incase citations,D. Neb.) is thefederal district court whose jurisdiction is the state ofNebraska. Court offices are inOmaha andLincoln.

Appeals from the District of Nebraska are taken to theUnited States Court of Appeals for the Eighth Circuit (except forpatent claims and claims against the U.S. government under theTucker Act, which are appealed to theFederal Circuit).

TheUnited States Attorney's Office for the District of Nebraska represents the United States in civil and criminal litigation in the court. As of August 17, 2024, theUnited States attorney is Susan T. Lehr, beginning on July 1, 2023.[1]

Notable case

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In May 2005, JudgeJoseph Bataillon struck down a constitutional amendment passed by Nebraska voters in 2000 that would have bannedgay marriages. That decision, however, was reversed by theUnited 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 abill of attainder; the amendment did not violate homosexuals' First Amendment right to associate; and the amendment did not violate homosexuals' First Amendmentright to petition the government for redress of grievances.

Current judges

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As of January 17, 2025[update]:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
22Chief JudgeRobert F. Rossiter Jr.Omaha19562016–present2021–present Obama
23District JudgeBrian C. BuescherOmaha19752019–present Trump
24District JudgeSusan M. BazisLincoln19682024–present Biden
19Senior JudgeJoseph BataillonOmaha19491997–20142004–20112014–present Clinton
21Senior JudgeJohn M. GerrardLincoln19532012–20232018–20212023–present Obama

Former judges

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#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
1Elmer Scipio DundyNE1830–18961868–1896A. Johnsondeath
2William Douglas McHughNE1859–19231896–1897[Note 1] Clevelandnot confirmed
3William Henry MungerNE1845–19151897–1915 Clevelanddeath
4Thomas Charles MungerNE1861–19411907–19411941T. Rooseveltdeath
5Joseph William WoodroughNE1873–19771916–1933 Wilsonelevation to8th Cir.
6James A. DonohoeNE1877–19561933–19561948–1956F. Rooseveltdeath
7John Wayne DelehantNE1890–19721942–19571956–19571957–1972F. Rooseveltdeath
8Richard Earl RobinsonNE1903–19911956–19721957–19721972–1991 Eisenhowerdeath
9Robert Van PeltNE1897–19881957–19701970–1988 Eisenhowerdeath
10Warren Keith UrbomNE1925–20171970–19901972–19861990–2017 Nixondeath
11Robert Vernon DenneyNE1916–19811971–19811981 Nixondeath
12Richard A. DierNE1914–19721971–1972 Nixondeath
13Albert Gerard SchatzNE1921–19851973–1985 Nixondeath
14C. Arlen BeamNE1930–20251981–19871986–1987 Reaganelevation to8th Cir.
15Lyle Elmer StromNE1925–20231985–19951987–19941995–2023 Reagandeath
16William G. CambridgeNE1931–20041988–20001994–1999 Reaganretirement
17Richard G. KopfNE1946–20251992–20111999–20042011–2025G.H.W. Bushdeath
18Thomas Michael ShanahanNE1934–20111993–20042004–2011 Clintondeath
20Laurie Smith CampNE1953–20202001–20182011–20182018–2020G.W. Bushdeath
  1. ^Recess appointment; theUnited States Senate laterrejected the appointment.

Chief judges

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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 assenior 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.

Chief judges

[edit]

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 assenior 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

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Seat 1
Seat established on March 25, 1867 by 15 Stat. 5
Dundy1868–1896
McHugh1896–1897
W. Munger1897–1915
Woodrough1916–1933
Donohoe1933–1956
Robinson1956–1972
Dier1971–1972
Schatz1973–1985
Strom1985–1995
Bataillon1997–2014
Rossiter, Jr.2016–present
Seat 2
Seat established on February 27, 1907 by 34 Stat. 997
T. Munger1907–1941
Delehant1942–1957
Van Pelt1957–1970
Urbom1970–1990
Kopf1992–2011
Gerrard2012–2023
Bazis2024–present
Seat 3
Seat established on June 2, 1970 by 84 Stat. 294
Denney1971–1981
Beam1981–1987
Cambridge1988–2000
Smith Camp2001–2018
Buescher2019–present
Seat 4
Seat established on December 1, 1990 by 104 Stat. 5089 (temporary)
Shanahan1993–2004
Seat abolished on May 5, 2004 (temporary judgeship expired)

See also

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Footnotes

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  1. ^"District of Nebraska | Meet the U.S. Attorney | United States Department of Justice".www.justice.gov. July 6, 2023. RetrievedAugust 18, 2024.

Further reading

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  • 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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