Monthly Archives: June 2015

The Fifth Judge: Thompson v. Heineman and Nebraska’s Judicial Supermajority Clause

The Fifth Judge:

Thompson v. Heineman and Nebraska’s Judicial Supermajority Clause

Kathleen Miller, University of Nebraska College of Law

J.D. Candidate, 2016

 

Introduction: History of the Case

 

When TransCanada proposed its Keystone XL route in 2008, it likely did not believe that the proposal would face much opposition.  After all, TransCanada already had another pipeline running through Nebraska.  The thought that the project would be at a standstill seven years later seemed unfathomable.

 

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Keystone XL and Nebraska’s Judicial Supermajority Clause: A Brief Introduction

Many are familiar with the Keystone XL due to the political controversy surrounding the pipeline.  Of central relevance to Nebraska, it is difficult to open a newspaper, scroll through a Twitter feed, or discuss environmental issues without the topic rising to the forefront of conversation.  However, what many people are unaware of is Nebraska’s judicial supermajority clause.  This affects not only LB 1161, which changed the pipeline permitting process in Nebraska, but any state statute challenged on constitutional grounds.  Kathleen Miller, J.D. Candidate, 2016, offers insight into this often forgotten area of particular peculiarity in Nebraska and its effect on Keystone XL.  Katie’s article,  may be found here and directly linked to from the Bulletin.  The Bulletin welcomes any response, counter or commentary which may be forwarded to the Online Editor, Briana Hildebrand, at bhildebrand@huskers.unl.edu.

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