Stephanie Stacy

Non-Partisan | Nebraska

Candidate Profile

Uncontested

BIOGRAPHY

Name

Stephanie Stacy


Party

Non-Partisan


Election Year

2024


Election

General


Race

Supreme Court District 1 (retention)


Incumbent

Yes


Links

Stephanie Stacy websites
Stephanie Stacy phones Stephanie Stacy emailLinkedIn

EDUCATION

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WORK & MILITARY

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AFFILIATIONS

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POLITICAL OFFICES HELD

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POLITICAL OFFICES SOUGHT

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OTHER INFORMATION

In re Adoption of Yasmin S. Participant in Cassel's opinion. *Pertains to same sex adoption*

Holding(s): Reversed and remanded for further proceedings. The Court held that "[t]he plain language of § 43-101 permits a same-sex married couple to adopt a minor child." [777]

Background: "A same-sex married couple sought to adopt a minor child. The county court determined that it lacked authority to permit adoption by a 'wife and wife' and denied the request." [772] The couple "assign[ed] that the county court erred in deter-mining that it lacked jurisdiction to permit a same-sex married couple to adopt a child and in interpreting § 43-101 in a waythat violated due process and equal protection rights." [773]

Rule(s): "As pertinent here, the statute provides that any minor child may be adopted by any adult person or persons and any adult child may be adopted by the spouse of such child’s parent in the cases and subject to sections 43-101 to 43-115, except that no person having a husband or wife may adopt a minor child unless the husband or wife joins in the petition therefor. If the husband or wife so joins in the petition therefor, the adoption shall be by them jointly, except that an adult husband or wife may adopt a child of the other spouse whether born in or out of wedlock." [774]

Nebraska Journalism Tr. v. Nebraska Dep't of Env't & Energy, 316 Neb. 174, 3 N.W.3d 361 (2024). Participated in Cassel's opinion. *Pertains to cost of open records request*

Planned Parenthood of the Heartland, Inc. v. Hilgers, 317 Neb. 217, 9 N.W.3d 604 (2024). Concurred in Papik's concurrence. *Pertains to legislation prohibiting the performance of gender altering procedures*

Holding: The Court affirmed the holding of the district court. The Court "f[ou]nd no merit to Planned Parenthood’s argument that L.B. 574 contains more than one subject in violation of article III, § 14." [239] 

Concurrence: Papik's wrote separately to "to suggest that in a future case, there may be a good reason to reconsider some of [the Courts'] precedent interpreting and apply- ing article III, § 14." [240]

Background: 'This litigation involve[d] the issue of whether L.B. 574 encompasses a single subject as required by Neb. Const. art. III, § 14. L.B. 574 was named the “Let Them Grow Act,' 1 and its stated purpose, as introduced in January 2023, was to 'prohibit the performance of gender altering procedures for individuals under the age of 9, provide for [the] definition of terminology[,] and allow for civil action[s] to be brought against violators of the act.'  The title of L.B. 574 stated that it was “relate[d] to public health and welfare.' Planned Parenthood refers to such procedures as 'gender-affirming care.' Without disparaging that preference, [the Court] employ[ed] the statutory language." [219]

Rule(s): "[A]rticle III, § 14, which provides in part: 'No bill shall contain more than one subject, and the subject shall be clearly expressed in the title. No law shall be amended unless the new act contains the sec- tion or sections as amended and the section or sections so amended shall be repealed.'" [230] "In considering such a challenge, we are guided by our respect for the Legislature as our coequal branch of government, as well as its role in setting policy for our state." [226] "this court has long held that “there should be a broad construction [on] constitutional restriction[s] that would not defeat the reasonable intent of the Legislature.” [227] “[I]t [is] the settled doctrine that courts will not declare an act of the Legislature unconstitutional unless it is manifestly so.”  [227-28] “[W]here the limits of a proposed law, having natural and necessary connection with each other, and, together, are a part of one general sub- ject, the proposal is a single and not a dual proposition.” [230] 

Benjamin S. v. Crystal S., 313 Neb. 799, 986 N.W.2d 492 (2023). Signed majority opinion. *Involved Termination of Parental Rights*

In re Jessalina M., 315 Neb. 535, 997 N.W.2d 778 (2023). Signed majority opinion.  *Involved Termination of Parental Rights*

In re Denzel D., 314 Neb. 631, 992 N.W.2d 471 (2023) Signed majority opinion.  *Involved Termination of Parental Rights*

QUESTIONNAIRE

RIGHT TO LIFE

Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain.

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I support a right to accelerate ending a human life.

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Human life deserves legal protection from conception until natural death.

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RELIGIOUS LIBERTY

Religious liberty is at risk in the United States.

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VALUES

Briefly describe your spiritual beliefs and values.

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What is your view of parental rights regarding the upbringing of children, specifically education and sexual "identity"?

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I support "gender identity" as a specially protected class. Please explain.

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What do you believe to be true about the human condition?

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EQUALITY

I agree with Critical Race Theory (CRT).

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ABOUT YOU

What, if any, church or organizations do you belong to?

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I voted in these primaries and general elections:

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Have you ever been convicted of a felony? If so, please explain.

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Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.

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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else? Please explain.

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JUDICIAL PHILOSOPHY

Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?

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Is there a separation of church and state in the Constitution? Please explain.

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Should courts address threats to religious liberty in the United States? If so, how?

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Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain.

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Was Bostock v. Clayton County rightly decided under the law? Please explain.

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I agree that “the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” (Troxel v. Granville, 530 U.S. 57, 65-66 (2000); quoting Prince v. Massachusetts, 321 U.S. 158, 166 (1944).

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What should a judge do when legislative texts and court precedents dictate different results?

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When should a judge overturn past court decisions?

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When, if ever, should a judge take popular opinion or the social views of the majority into consideration?

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Do you believe the meaning of the Constitution changes over time, absent changes through the amendment process of Article V?

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What do you believe is the single most important quality a judge should possess?

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If you are an incumbent judge, describe a recent instance in which you acted to preserve your judicial independence. If you are an aspiring judge, how do you plan to remain independent if elected to the bench?

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2ND AMENDMENT

The right to bear arms is fundamental and must be protected.

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OTHER IMPORTANT ISSUES

Which branch of government do you believe was intended to wield the most authority?

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How should the court address public health and individual freedoms in the time of a public health emergency?

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