Nebraska Governor Heineman Comments on Supreme Court Opinion On Death Penalty

February 8, 2008 -- Lincoln, NE -- Nebraska Governor Dave Heineman released the following statement regarding the opinion issued today by the Nebraska Supreme Court.

“I am appalled by the Nebraska Supreme Court’s decision. Today the court has asserted itself improperly as a policymaker. Once again, this activist court has ignored its own precedent and the precedent set by the U.S. Supreme Court to continue its assault on the Nebraska death penalty.

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“In his dissent, Chief Justice Heavican wrote, ‘The most significant difficulty with a concern for contemporary standards is that it inherently tempts judges to inject their own subjective values into the constitutional analysis. The danger in such subjectivity is subtle but nonetheless potent. Judges do not sit as a body of elected representatives, as do legislatures.’ I agree with Chief Justice Heavican.

“Furthermore, the judicial activism on the part of the Nebraska Supreme Court is unprecedented and deeply disappointing.”

Source: Nebraska Governor