Candidate Profile
Lindsey Miller-Lerman

Non-Partisan , Nebraska

Biography

Name
Lindsey Miller-Lerman
Party
Non-Partisan
Race
Supreme Court, District 2
Incumbent
Yes
Links

Panel Rating

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Other Information

Justice Miller-Lerman was appointed to the Nebraska Supreme Court by Democratic Governor Ben Nelson. A Congressional Quarterly study found that, when Ben Nelson was a U.S. Senator, he was the Democratic Senator most likely to vote against his party.

Judge Voter Guide gives Justice Miller-Lerman a rating of 5 out of 10.

Justice Miller-Lerman wrote the Nebraska Supreme Court majority opinion in State ex rel. McNally v. Evnen, which held that certain pro-gambling initatives could constitutionally appear on the 2020 general election ballot. Justice Miller-Lerman dissented in State ex rel. Wagner v. Evnen, in which the Court majority held that a certain pro-marijuana initiative could not constitutionally appear on the ballot. Both cases turned on whether the initiatives violated the single-subject rule in Nebraska's Constitution, which requires ballot initiatives to contain only one proposition.

Justice Miller-Lerman joined the Court majority in Thompson v. Heineman. The majority held that the appellees “who challenged the constitutionality of L.B. 1161...have standing to raise this issue and that the legislation is unconstitutional.” L.B. 1161 had given the governor the authority to permit pipeline carriers to use eminent domain to build the Keystone Pipeline. The appellees in this case were landowners whose property lay in the area where the Keystone Pipeline was being planned. Although the majority of the Court held that L.B. 1161 was unconstitutional, the Court lacked the supermajority necessary to strike down the law as unconstitutional.

Justice Miller-Lerman joined the Court’s majority in Hopkins v. Hopkins, a child-custody case in which the mother, Kyel Hopkins, married a convicted sex offender. The Court majority held that Kyel Hopkins “met her statutory burden to produce evidence that the girls are not at significant risk.”

Justice Miller-Lerman wrote the Court’s majority opinion in Gary v. Nebraska Department of Natural Resources, which held “that the challenged property tax provision of L.B. 701 violates the prohibition found in Neb. Const. art. VIII, § 1A, against levying a property tax for a state purpose.” Justice Miller-Lerman’s opinion quotes Hug v. City of Omaha: “[g]enerally, outside of the plain language used in legislation, a legislative body's purpose or intent in enacting legislation is determined through an examination of the legislative history of a particular enactment."

Justice Miller-Lerman joined the Court’s majority in Coalition for Educ. Equity v. Heineman, which said, “The Nebraska Constitution commits the issue of providing free instruction to the Legislature and fails to provide judicially discernible and manageable standards for determining what level of public education the Legislature must provide. This court could not make that determination without deciding matters of educational policy in disregard of the policy and fiscal choices that the Legislature has already made…We conclude, as the district court did, that the claims therefore present nonjusticiable political questions.”

Justice Miller-Lerman joined the Court’s majority in Schumacher v. Johanns. The majority held that the Nebraska Public Service Commission’s surcharge on the appellants’ telephone bills was not a tax and that the Nebraska Telecommunications Universal Service Fund Act did not violate the separation of powers provision of the Nebraska Constitution.

Questionnaire

Please note: Responses are entered electronically by the candidate and are listed verbatim.

Religious Liberty

Religious liberty is at risk in the United States and deserves the highest level of protection in the law.

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The Ten Commandments should not be displayed in public school buildings or court houses.

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What does "separation of church and state" mean to you?

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Values

Judeo-Christian values established a framework of morality which is necessary for our system of limited government.

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George Washington's comment that “Religion and morality are the essential pillars of civil society” is still true today.

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What in the nature of mankind caused America’s Founders to carefully define, separate, and limit powers in the Constitution?

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Briefly describe your spiritual beliefs and values.

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In light of the U.S. Supreme Court decision in Obergefell v. Hodges allowing members of the same sex to marry, which justice’s opinion in that case most closely approximates your understanding of marriage?

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Qualifications

I voted in these primaries and general elections:

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When you consider your views on a wide range of issues from economic and social matters to foreign policy and immigration, which of the following best describes you overall?

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Please provide publicly available information validating your answer to the previous question.

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What education or experience qualifies you to hold the office for which you seek election?

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In what areas of law have you practiced?

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Have you ever been convicted of a felony or been penalized for sexual misconduct? If so, please explain.

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Is there anything else you would like voters to know about you?

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Judicial Philosophy

The U.S. Constitution and my state constitution should be interpreted as living documents, rather than using a strict constructionist or originalist approach in judicial decisions.

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There are times when American judges should alter U.S. case law in order to comply with foreign case law.

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I support the use of Sharia law as a basis for legislation and judicial decisions in the United States.

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There should be more than nine justices on the U.S. Supreme Court.

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

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Which U.S. president serving after 1960 best reflects your political philosophy?

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What is the proper use of legislative history in interpreting statutory law?

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What specific text in the Declaration of Independence provides the critical basis for individual rights and the form of government guaranteed in the United States Constitution?

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Background

Education
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Work & Military
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Affiliations
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Offices
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