United States District Court for the District of Nebraska
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. AttorneyLesley A. Woods (interim)
U.S. MarshalScott E. Kracl
www.ned.uscourts.gov

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.

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 August 17, 2024, the United States attorney is Susan T. Lehr, beginning on July 1, 2023.[1]

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 January 17, 2025:

# Title Judge Duty station Born Term of service Appointed by
Active ChiefSenior
22 Chief Judge Robert F. Rossiter Jr.Omaha1956 2016–present 2021–present — Obama
23 District Judge Brian C. BuescherOmaha1975 2019–present — — Trump
24 District Judge Susan M. BazisLincoln1968 2024–present — — Biden
19 Senior Judge Joseph BataillonOmaha1949 1997–2014 2004–2011 2014–present Clinton
21 Senior Judge John M. GerrardLincoln1953 2012–2023 2018–2021 2023–present Obama

Former judges

# Judge Born–died Active service Chief JudgeSenior statusAppointed by Reason fortermination
1 Elmer Scipio Dundy1830–1896 1868–1896 — — A. Johnsondeath
2 William Douglas McHugh1859–1923 1896–1897[Note 1]— — Clevelandnot confirmed
3 William Henry Munger1845–1915 1897–1915 — — Clevelanddeath
4 Thomas Charles Munger1861–1941 1907–1941 — 1941 T. Rooseveltdeath
5 Joseph William Woodrough1873–1977 1916–1933 — — Wilsonelevation
6 James A. Donohoe1877–1956 1933–1956 1948–1956 — F. Rooseveltdeath
7 John Wayne Delehant1890–1972 1942–1957 1956–1957 1957–1972 F. Rooseveltdeath
8 Richard Earl Robinson1903–1991 1956–1972 1957–1972 1972–1991 Eisenhowerdeath
9 Robert Van Pelt1897–1988 1957–1970 — 1970–1988 Eisenhowerdeath
10 Warren Keith Urbom1925–2017 1970–1990 1972–1986 1990–2017 Nixondeath
11 Robert Vernon Denney1916–1981 1971–1981 — 1981 Nixondeath
12 Richard A. Dier1914–1972 1971–1972 — — Nixondeath
13 Albert Gerard Schatz1921–1985 1973–1985 — — Nixondeath
14 C. Arlen Beam1930–2025 1981–1987 1986–1987 — Reaganelevation
15 Lyle Elmer Strom1925–2023 1985–1995 1987–1994 1995–2023 Reagandeath
16 William G. Cambridge1931–2004 1988–2000 1994–1999 — Reaganretirement
17 Richard G. Kopf1946–2025 1992–2011 1999–2004 2011–2025 G.H.W. Bushdeath
18 Thomas Michael Shanahan1934–2011 1993–2004 — 2004–2011 Clintondeath
20 Laurie Smith Camp1953–2020 2001–2018 2011–2018 2018–2020 G.W. Bushdeath

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.

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

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

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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