Comprehensive “Justice Reinvestment”  |  LB50

LB50 makes several changes to criminal justice by expanding “problem solving courts,” approving “stream-lined parole contracts,” establishing a “parole violation residential housing program,” and terminating a special legislative committee on oversight.

The Senate voted to pass LB50 on June 1, 2023, by a vote of 34 to 15. We have assigned pluses to the nays because this bill is a culmination of the Nebraska Justice Reinvestment Initiative—an unconstitutional and dangerous outgrowth of the nationwide Justice Reinvestment Initiative (JRI) led and funded by the U.S. Department of Justice, with support from ‘progressive’ non-governmental organizations. The goal of the JRI movement, which emerged from the socialist concept of a ‘civil justice corps,’ is to radically overhaul the entire criminal justice system and transform correctional institutions into community agents of ‘behavioral health’ services (e.g., housing, jobs, etc.). As a result, JRI lobbyists push for the creation of ‘advisory councils’ at the state and local levels that, much like ‘civilian review boards,’ seek to redefine public safety in America through exerting control over the policymaking process apart from the legislative bodies of government. Nevertheless, justice is indeed the overall purpose of government. Yet, our judicial system is only as good as it applies the “supreme Law of the Land.” Real criminal justice reform, therefore, does not demand so-called “reinvestment,” but calls for reinstatement of the practice of restitution, based on the republican notion of limited government, which would better protect individual rights and freedoms while actually reducing prison populations and recidivism.

Omnibus Education Bill  |  LB705

LB705, the omnibus education package for Fiscal Year 2023-24, allocates lottery funds to education programs; requires public high school students to submit a Free Application for Federal Student Aid before graduation; and prohibits public colleges and universities from considering an applicant’s criminal history, among other provisions.

The Senate passed LB705 on May 30, 2023, by a vote of 47 to 0. We have assigned minuses to the ayes because neither education nor a lottery is the legitimate role of government. Rather, a child’s education is the responsibility of—and a fundamental right of choice retained by—his or her parents, not the state. Likewise, the lottery, along with the public-school system it purportedly funds, only serves as a tool to increase the power of the state. It is a highly regressive tax and wealth redistribution scheme which targets poor people by means of consumer fraud. Any legislative act, let alone a massive ‘omnibus’ bill, that causes the citizens of Nebraska to hand over their hard-earned tax dollars on behalf of compulsory, government-run, and failing K-12 schools violates their individual liberties protected by the U.S. Constitution’s Bill of Rights and 14th Amendment. 

Secure Voter ID Requirements  |  AM1940 (LB514)

AM1940 would amend LB514, which specifies voter identification requirements, to implement additional measures verifying U.S. citizenship and allow fewer exceptions regarding mail-in ballots and early voting.

The Senate failed to pass AM1940 on May 22, 2023, by a vote of 5 to 26. We have assigned pluses to the ayes because this amendment would have averted the Legislature’s failure to uphold the Nebraska Constitution’s explicit requirement that “Before casting a ballot in any election, a qualified voter shall present valid photographic identification,” as set forth in Article I-22, Section 2. Instead of forcing a deeply flawed and compromised version of ‘Voter ID,’ which contains significant loopholes and risks disenfranchising the American people, who alone retain the “right of Representation in the Legislature,” lawmakers in Nebraska should have performed their duty and exercised the full extent of their authority under Article I, Section 4, of the U.S. Constitution, as well as the 14th and 26th Amendments, to implement free, fair, and secure elections, thereby ensuring equal protection of “the right of citizens of the United States to vote.” 

Permitless Firearm Carry  |  LB77

LB77 authorizes the concealed carry of firearms without a permit.

The Senate passed LB77 on April 19, 2023, by a vote of 33 to 14. We have assigned pluses to the ayes because this bill removes the unconstitutional burden that a person obtain a “valid permit” to carry a concealed weapon, helping to restore the rights of law-abiding citizens. The Second Amendment to the U.S. Constitution expressly declares that “the right of the people to keep and bear Arms, shall not be infringed.” Moreover, the Fifth and 14th Amendments prevent “any State” from depriving or denying “any person” of their “life, liberty, or property, without due process of law.”

Nebraska Heartbeat Act  |  LB626

LB626 would provide that a physician may not perform or induce an abortion if a fetal heartbeat is detected, except in cases of sexual assault, incest, or medical emergency.

The Senate advanced LB626 on April 12, 2023, by a vote of 33 to 16, prior to it being indefinitely postponed. We have assigned pluses to the ayes because the care of human life—not its destruction—is the greatest responsibility of government. Nebraska ought to forbid the practice of abortion entirely and uphold the sanctity of life for every person, especially preborn children. The right to life is the most fundamental, God-given, and unalienable right asserted in the Declaration of Independence and guaranteed by the Fifth and 14th Amendments to the U.S. Constitution.

National Guard “Command Climate Survey”  |  LB250

LB250 would direct the current Adjutant General of Nebraska, along with each successor, to conduct a “command climate survey” of the Nebraska Army National Guard, performed by “an external team” and “pursuant to applicable United States Department of the Army” regulations.

The Senate advanced LB250 on February 16, 2023, by a vote of 37 to 0. We have assigned minuses to the ayes because the “command climate survey,” as designed under the guidance of the U.S. Defense Department’s Office for Diversity, Equity, and Inclusion (ODEI), collects information from National Guard members to assess “unit risk factors” on ‘woke’ topics, such as “sexist behaviors,” “racially harassing behaviors,” “toxic leadership,” “fairness,” and “inclusion.” Given that the mission of the Nebraska Army National Guard is to provide well-trained and equipped soldiers ready to fight to protect the rights, liberty, and property of their fellow citizens, the Legislature has absolutely no business mandating this disgraceful effort to socially engineer an effeminate, egalitarian, or insubordinate culture within the ranks of our armed forces, which is subversive of all order, discipline, and the very existence of the military itself. Nebraska lawmakers should, in a manner more worthy of self-government, be expected to “bear true faith and allegiance” to the same constitutional principles that National Guard members also must take an oath to “support and defend.”

Constitutional Carry  |  LB773

LB773 allows people to carry firearms without a permit in the state of Nebraska. 

The Senate voted to pass LB773 on April 11, 2022 by a vote of 31 to 9. We have assigned pluses to the ayes because the fundamental right of the American people to keep and bear arms is protected by the U.S. Constitution, particularly in the 2nd, 9th, and 10th Amendments, and should not be infringed. The Constitution does not state where you can or cannot possess a firearm.   

Abortion Ban  |  LB933

LB933 would ban all abortions in Nebraska if states are given full regulatory authority over the procedure. 

The Senate voted to pass LB933 on April 6, 2022 by a vote of 31 to 15. We have assigned pluses to the ayes because the right to life is the most fundamental, God-given, and unalienable right asserted in the Declaration of Independence and protected by the U.S. Constitution. Further, there is nothing in the U.S. Constitution that would prevent states from passing well-constructed statutes to provide more specific protections for the right to life than those provided by the 4th, 5th, and 14th Amendments. 

Vaccine Exemptions  |  LB906

LB906 requires that employers must recognize medical and religious exemptions to COVID-19 vaccine mandates. 

The Senate voted to pass LB906 on February 25, 2022 by a vote of 37 to 5. We have assigned pluses to the ayes because an individual’s personal health care decisions should not be the object of government, nor be under its federal, state, or local jurisdictions in the United States. Forcing an individual to receive a vaccination or partake in any medical procedure would be a violation of their fundamental rights, freedoms, privileges, or immunities protected by the Bill of Rights and the 14th Amendment to the U.S. Constitution. 

Tax Rates  |  LB939

LB939 cuts Nebraska’s top individual income tax rate in several steps from the current 6.84 percent to 5.84 percent by tax year 2027. 

The Senate voted to pass LB939 on February 24, 2022 by a vote of 40 to 1. We have assigned pluses to the ayes because a reduction in taxes is a step in the right direction when it comes to shrinking the size of government and provides more economic freedom to the taxpayers. 

Con-Con  |  LR14

LR14 calls for Convention of State to propose limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress. 

The Senate voted to pass LR14 on January 28, 2022 by a vote of 32 to 11. We have assigned pluses to the nays because a so-called “Convention of the States” would not be of “limited” purpose. The vague and contradictory text contained in this joint resolution dangerously permits what Article V of the U.S. Constitution describes as a “Convention for proposing Amendments” or second constitutional convention. Notably, Article V of the U.S. Constitution was designed to correct structural deficiencies in the federal government, not the behavior of its elected officials. LR14 should be opposed in favor of less risky, more precise, and immediate solutions that would restore power back to the states and to the people, such as clear-cut proposals in Congress to repeal bad amendments or state nullification of specific unauthorized federal laws. 

Student Free Speech  |  LB88

LB88 prevents students from being censored for what they write and report about on their college campus and media. 

The Senate voted to pass LB88 on April 14, 2021 by a vote of 30 to 17. We have assigned pluses to the ayes because freedom of speech and freedom of the press are covered under the first amendment of the United States Constitution. There should be no infringement of those rights, especially at universities that are subsidized by the taxpayers.