Nebraska District Court Judge Travis P. O’Gorman from Alliance, was invited to sit with the Nebraska Supreme Court on February 8, 2024.
O’Gorman heard arguments in the case of S-21-0364, Nieveen v. Tax 106. In that case, Appellant argued that Nebraska’s tax certificate statutes were unconstitutional, and on appeal, the Nebraska Supreme Court determined that the statutes to be constitutional. See Nieveen v. TAX 106, 311 Neb. 574, 974 N.W.2d 15 (2022). On further appeal to the Supreme Court of the United States, the Supreme Court of the United States vacated the Nebraska Supreme Court’s decision with directions that it reconsider the case in light of Tyler v. Hennepin County, 598 U.S. 631 (2023).
O’Gorman sat in place of Justice Stephanie Stacy, who was recused from the case. The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.
Seven justices make up the Nebraska Supreme Court: Chief Justice Mike Heavican and six associate justices. On occasion, a justice must recuse him or herself from a case, and a judge from a district court or the Court of Appeals is asked to sit with the Supreme Court.