UNDER CORONAVIRUS COURT PROCEDURES, CLARENCE THOMAS FINDS HIS VOICE

WASHINGTON – The Supreme Court’s use of telephonic hearings due to the coronavirus has served to notify all that Justice Thomas remains active in deliberations, even in a very idiosyncratic way. Last week, Justice Thomas said more during oral arguments than has in many years combined. He asked questions of every attorney in the four cases the court heard.

Cornell law professor Michael Dorf stated that “He’s asking some interesting questions and sounds just like any other justice during these telephonic arguments.” Normally, Justice Thomas views excessive questioning in a free-for-all fashion to interfere with the cases that the lawyers are making. He is inclined to read and listen rather than engage in dialogue. Due to justices asking questions by seniority over the phone, he has become more apt to participate.

Before the telephonic arguments, Justice Thomas spoke in 32 of approximately 2,400 cases the court has heard since he succeeded Justice Thurgood Marshall. Those questions took a combined 26 minutes over the 29-year span. This past week, his questions have amounted to 7 ½ minutes.

Usually, Justice Thomas lets other justices ask questions that he already has. However, as he is the most senior justice, he has had to take matters into his own hands.

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453 TESTED FOR CORONAVIRUS AT SIX DRIVE-THRU LOCATIONS

KEARNEY - Over a three-day period, National Guardsmen tested more than 450 people at six sites in the panhandle. The tests were offered to individuals who were symptomatic or who believed they were exposed to a coronavirus positive individual. 

Chadron had the most persons tested, at 95, likely because Dawes County reported its first case of the coronavirus Friday. That case had been reported in a man in his 30s, who was identified as a close contact of a previous case. Other testing numbers were: 75 tests, Sidney; 76, Oshkosh; 64, Bridgeport; 70, Alliance; 73, Gordon. Twenty members of the Nebraska National Guards Team 6 conducted the  public testing

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ELECTIVE SURGERIES ON AGAIN AT CHI HEALTH GOOD SAMARITAN AFTER MEETING STANDARDS

KEARNEY - CHI Health Good Samaritan resumed non-urgent, elective surgeries, and procedures on Tuesday. Non-urgent procedures were first postponed on March 25th.

CHI Health Good Samaritan met the standards to begin non-urgent, elective surgeries according to Governor Ricketts. The state has maintained that hospitals may resume elective surgeries if they maintain 30 percent general bed availability, 30 percent ICU bed availability, 30 percent ventilator availability, and have a two-week supply of necessary personal protective equipment in their specific facility.

Non-urgent surgical patients are tested for COVID-19 prior to the procedure. Visitation remains restricted.

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'LONG YEAR AHEAD’ FOR FARMERS, PRODUCERS

'LONG YEAR AHEAD’ FOR FARMERS, PRODUCERS

NORFOLK - Farmers have been hit hard for years. Now the COVID-19 pandemic has turned an already uncertain time into a crisis. The Platte Institute hosted a webinar, and an economist with the Nebraska Farm Bureau, Jay Rempe, gave his analysis of the coming year. Rempe stated that losses could total more than $2 billion, which is about 10% of all the income generated by agriculture in Nebraska. Nonetheless, Rempe stated that it wasn’t a definitive forecast. What is certain, however, is that it will be a very long year.

Ethanol producers are also suffering, as at least 11 plants have closed in Nebraska, which could lead to losses of about $3 billion. Additionally, the supply chain in many adjacent industries could be affected.

Rempe was joined by Tom Sell, former deputy chief of staff for the House Committee on Agriculture, where he was instrumental in crafting the 2002 Farm Bill.Sell said if it weren't for the strong agricultural programs already in place, the COVID-19 crisis would be much worse.

View the full webinar and slides by clicking HERE

NEBRASKA RECEIVES DRUG USED TO HELP TREAT CORONAVIRUS PATIENTS

LINCOLN – A vaccine for coronavirus can be envisioned, but right now it does not exist. However, a drug named Remdesivir has shown promise as a treatment. Governor Ricketts announced that the state received 400 vials from the federal government. Those 400 vials can be used to treat approximately 50 people. Chief Medical Officer with the Department of Health and Human Dr. Gary Anthone has stated that the drug can potentially decrease the time people are on ventilators. 

"I think it does give people hope and I think it gives doctors hope too. And I know that's why a lot of doctors want to use it now. Because they want to give all patients the best chance they have."

Nationally 600,000 doses of the drug have been distributed by the federal government.

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UNMC EXPERT SAYS NEBRASKA MAY HAVE REACHED CORONAVIRUS PEAK, BUT RICKETTS URGES CAUTION

OMAHA-  Nebraska may have reached its peak for coronavirus cases, an infectious disease specialist said Thursday, but infections in long-term care facilities remain a problem. That’s according to Dr. M. Salman Ashraf, medical director of the Nebraska Infection Control Assessment and Promotion Program at the University of Nebraska Medical Center. 

“It appears to be at the peak, a plateau,” Ashraf said, during a televised town hall with Gov. Pete Ricketts. “We might even be on the way to a decline. We have to wait a few more days. There is hope, we should be looking forward to that.”

But his comments were tempered by Ricketts, who quickly followed with a call to keep expectations in check.“Let’s be cautious,” Ricketts said. Both reiterated that the course of the virus is somewhat dependent on Nebraskans.

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DEMOCRATS' STIMULUS BILL: TESTING, REPORTING, SURVEILLANCE

WASHINGTON - House Democrats’ latest bill to "juice the economy and secure the nation’s health is full of goodies for health care, like a $100 billion fund to providers and hospitals." The bill has $75 billion committed to testing and surveillance. The bill would require labs to send reports on COVID tests and their results. HHS would make that data public.

The bill would require manufacturers of diagnostics to tell the department how many tests they’re distributing. However, Senator Majority Leader Mitch McConnell is in no hurry to pass the bill.

NU TRIMS 20 POSITIONS AS COVID-19 EFFECTS ARE BEING FELT

OMAHA – The Nebraska University system expects to face a $50 million budget shortfall come fall. To help cut expenses, President Ted Carter announced that 20 positions are being eliminated. Seventeen people are losing their jobs. Most job loss occurred among the technology support staff. Three positions are being eliminated; however, those positions are vacant.

The cuts total $2.4 million. Some of the cut jobs include federal relations coordinator, global engagement officer, and chief compliance officer. President Carter stated, “There’s no question that the depth and breadth of our work will be narrower because of today’s decisions.”

A higher freeze is already in place.

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SOME HOSPITALS UNSETTLED IN CALLS FOR RESUMING ELECTIVE SURGERIES

WASHINGTON – Hospitals are increasingly anxious about resuming elective surgeries without assurances that they will not get sued. 

Knee surgeries and colonoscopies, to name two, will likely remain dormant if hospitals do not get guarantees from Congress that they will not be sued by patients and their own workers if someone gets infected with coronavirus during a procedure. Industry lobbies such as the American Hospital Association have articulated this concern and have gotten the attention of many Republican leaders. This fight may prove to be reminiscent of fights such as tort reform and former medical malpractice suits.

The issue of liability protections has been a significant sticking point in the process to create another trillion-dollar-plus coronavirus relief package, one that is primarily aimed at supporting local and state governments that have seen their budgets crippled due to coronavirus. Senator Majority Leader Mitch McConnell and House Minority Leader Kevin McCarthy have called the protections have stated that it is imperative to include liability protections in the next relief bill. Without them, efforts to reopen will be stalled and blunted greatly.

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BIOFUELS TO CONGRESS: SEND COVID RELIEF CASH

WASHINGTON – 11 biofuels and farm groups have sent a message to House Speaker Nancy Pelosi and Senate Majority Leader Mitch McConnell. That message is that the industry needs “direct assistance.” 

Due to the collapse in driving, biofuel producers have been hit hard. A letter, released by the Renewable Fuels Association, Growth Energy, the Farm Bureau, and others, states that "It is vital that the next COVID-19 relief package includes immediate, temporary, and direct assistance to help the U.S. biofuel industry retain its skilled workforce and mitigate the impact of plant closures on the food and feed supply chain and rural communities."

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SALONS, RESTAURANTS, BARS IN KEARNEY AREA MAY REOPEN MONDAY

KEARNEY – According to two new Directed Health Measures issued by the Two Rivers Public Health Department, restaurants, bars, beauty salons, and barbershops may reopen in the Kearney area Monday with limitations. 

Additionally, Baseball and softball teams may begin practicing June 1 and start playing games June 18. According to the measures, “Restaurants and bars can reopen with up to 50 percent maximum capacity. Parties must be six people or fewer, and they must be seated at tables at least six feet apart. Alcohol may be served as part of a meal, but buffets and self-service lines are not permitted.”

Hair salons, barbershops, and massage parlors may reopen but everyone must wear a mask. A maximum of 10 customers are allowed in a given location at one time. Daycare centers are allowed to have 15 individuals, including 10 children and adults, in a room together.

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FOLLOWING BOLZ PRIMARY VICTORY, FORTENBERRY GOES ON THE ATTACK; OTHER FEDERAL RACES CANDIDATES SET

LINCOLN -  State Senator Kate Bolz secured the Democratic nomination to take on incumbent Republican Congressman Jeff Fortenberry. The 1st Congressional District has the potential to be more competitive than in previous elections. Bolz stated that her primary focus is helping those affected by coronavirus and supporting the healthcare workers. Speaking to supporters, Bolz stated that "What we need is confidence and belief in one another, that our goodness and ingenuity will prevail, that today's challenges don't have to be tomorrow's struggles, that instead, they can be a part of our story of overcoming adversity, changing for the better and continuing to build our collective American Dream." 

Fortenberry issued a statement saying, "together we're working non-stop, particularly during this crisis, to protect health care, fight COVID-19 and support Nebraska families, farmers and small businesses." Following the declaration of the Bolz victory, Fortenberry released both television and radio advertisements attacking Bolz over international affairs. These ads are expected to run heavily over the next month.

Nebraska's 2nd Congressional District will see incumbent Congressman Don Bacon square off against Kara Eastman. The 3rd District will see incumbent Congressman Adrian Smith face off against Mark Elworth Jr. Incumbent Senator Ben Sasse easily defeated fellow republican Matt Innis in the GOP primary and will face democrat Chirs Janicek in November.

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DEMOCRATS SAY ASHFORD'S LACK OF ENDORSEMENT WON'T HURT EASTMAN CAMPAIGN

OMAHA- Kara Eastman and Nebraska Democrats stumbled a bit out of the blocks on day one of their general election campaign against Rep. Don Bacon, with one of Eastman’s primary rivals declining to endorse her.

But Democrats argued that Ann Ashford’s snub — which was based both on policy and personal differences with Eastman — was not a sign of a wider rift within the party’s ranks. To the contrary, they say, the party and its apparatus are far more in sync with Eastman than two years ago, when differences among Eastman, state party leaders and the fundraising arm of House Democrats in Washington contributed to Eastman’s narrow loss to Bacon.

“I can say for certain that Ann’s decision not to endorse Kara yet — and I use the word yet, because I’m confident it will come — is not a sign of any rift in the party,” said Jane Kleeb, chair of the Nebraska Democrats. “We are moving together as a team, leaving anything that happened in 2018 behind us.”

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PRIMARY TURNOUT RECORD SMASHED

OMAHA – In-person voting on Tuesday was slow, very slow. However, mail-in voting made up the difference and more. Nebraska’s Secretary of State, Bob Enven, stated that “Nebraskans did not allow this pandemic to stop them from exercising their right to vote,” Evnen said “[Nebraskans] had opportunities to vote early by mail or at the polls. They selected the option they thought was best for them.”

According to the Omaha World Herald, “Nebraska voters may not have turned out in person, but they did by ballot. Evnen’s office received 441,000 requests for early ballots. About 336,000 were returned before Tuesday. More were expected to be picked up at ballot drop-off boxes.” The 35% turnout rate was significantly higher than the previous 27% set in 2006 with regard to primaries.

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LEGISLATIVE INCUMBENTS MOSTLY DOING WELL, BUT GRETNA’S LA GRONE IS TRAILING

OMAHA - All but one incumbent state senator made it through Tuesday’s primary election in good shape. Incumbent Senator Andrew La Grone trailed challenger Jen Day in his bid to hang on to the northwest Sarpy County District 49. Nonetheless, they will both meet again in November.

Jen Day owns a small business in Omaha. Senator La Grone was appointed to the Legislature by Governor Ricketts in 2018. A win by Day would mean an additional seat for registered Democrats. However, the primary also showed that Republicans can win back two open districts.In both districts, Republican candidates were leading in the polls against Democratic opponents.

The Legislature is nonpartisan, meaning senators appear on the ballot and serve without regard to party affiliation. However, party affiliation often plays a major part in the campaigns.

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UNIVERSITY OF NEBRASKA, UNMC CREATE GUIDE FOR REOPENING U.S. COLLEGE CAMPUSES

OMAHA – American colleges are beginning to evaluate whether it is safe to resume on-campus activities. The University of Nebraska and the University of Nebraska Medical Center’s Global Center for Health Security have developed a recovery guide and checklist to help college leaders consider if they are ready to resume classes while the coronavirus pandemic drags on.

University of Nebraska officials have already stated their intention to resume classes in the fall. However, questions regarding extracurricular activities remain. NU President Ted Carter stated, “The University of Nebraska has earned America’s trust when it comes to biopreparedness.” Future decisions will be based on the best science available.

The NU and UNMC report is 19 pages and “includes numerous checklists that higher education institutions can consult, and three steps to guide campus operations. Before progressing to the next step, colleges and universities need to make sure coronavirus cases aren’t spiking and resources aren’t being stretched for at least 14 days.”

Imperative items in the report include spacing in classrooms, mandatory mask-wearing policy, enhanced cleaning and others.

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SENATORS CALL ON GOVERNOR TO END TEST NEBRASKA CONTRACTS

LINCOLN- A group of state lawmakers urged Gov. Pete Ricketts on Monday to terminate agreements with three Utah companies the state has contracted with as part of its initiative to ramp up coronavirus testing. In a letter to Ricketts, Sens. Machaela Cavanaugh, Megan Hunt and Rick Kolowski, all of Omaha, and Sen. Carol Blood of Bellevue said "several issues of concern" have emerged after the Test Nebraska public-private partnership was announced April 21.

The lawmakers criticized Nomi Health's inexperience in public health and lack of understanding of the state's existing health care system and response to the COVID-19 pandemic.The letter also says the companies, part of Silicon Slopes in Utah, have failed to meet the number of daily tests performed and the time frame for returning test results as stipulated in the no-bid $27 million contracts.

At his daily news briefing Monday, Ricketts defended the contracts and the Test Nebraska initiative, calling the suggestion to terminate the agreements with the trio of Utah companies by the May 19 deadline for doing so "ludicrous."

"I think the senators just don't want to have testing here in the state," Ricketts said. "It's a manufactured complaint."

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SEEKING UPGRADES FOR STATE AND LOCAL I.T.

WASHINGTON- Lawmakers including Reps. Jim Langevin (D-R.I.) and Mike McCaul (R-Texas), the leaders of the Congressional Cybersecurity Caucus, House Homeland Security cybersecurity subcommittee Chairman Cedric Richmond (D-La.), and Cyberspace Solarium Commission Co-Chairman Mike Gallagher (R-Wis.), have begun to organize a campaign to include funding for state and local governments to modernize their technology in the next coronavirus relief package.

The four wrote, “Outdated digital infrastructure means that services don’t scale, so rapid relief is unavailable to large numbers in times of crisis.” The lawmakers intend to maximize flexibility for systems that can receive funding. This is because many states will not be able to capitalize on the funds that they receive due to their poor technology.

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NEBRASKA DOCTORS SAY IT’S TOO EARLY TO REOPEN

LINCOLN – Governor Ricketts has offered recommendations to the citizens of Nebraska about what then need to do while in public to attenuate the spread of coronavirus. These recommendations are unlike the stringent rules promulgated by leaders such as the mayor of Denver which require citizens to wear masks in public or face a $999 fine.

Some doctors say that Nebraska needs strict rules. Dr. Mark Rupp stated "This is absolutely no time to be complacent about this," said Dr. Mark Rupp, medical director of infection control and epidemiology at the University of Nebraska Medical Center. "Part of it, unfortunately, is the situation has been a little bit politicized, and I think that is really a disservice and unfortunate." 

Rupp said the issue of the detrimental effects of the economic turmoil the pandemic has created and the impact of isolation on mental health can't be underemphasized. But the health effects of the disease and deaths are equally important.

"When cases are going up is not really the time to be relaxing the precautions," he said.

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TWO MORE CORRECTIONS WORKERS TEST POSITIVE FOR CORONAVIRUS

LINCOLN – According to Director Scott Frakes, two more Nebraska Department of Correctional Services staff members have tested positive for the coronavirus. Both individuals are self-isolating at home and are employed at the state penitentiary. To date, seven corrections employees have been contracted the coronavirus.

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