'PACKING' THE SUPREME COURT 'WOULD BURN DOWN TWO BRANCHES OF GOVERNMENT,' SASSE SAYS

WASHINGTON- Senate Judiciary Committee members were on the Hill last week to consider a nomination of Judge Amy Coney Barrett. Democratic members questioned Judge Barrett on hot-button items such as abortion rights and same-sex marriage. They also spoke about the Affordable Care Act and the possibility of her being the linchpin for the GOP's repeal effort. 

Sasse said, “Court-packing would burn down two branches of government by killing the Senate’s filibuster and turning the Supreme Court into an unelected super-legislature. This garbage is constitutional arson.”

Biden has not made his position completely clear, but he has said he is against expanding the court and believes Trump is starting to speak on court packing in order to distract from the nomination debate. 

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JUVENILE DETENTION CENTER IS A BIG ISSUE IN DOUGLAS COUNTY BOARD RACES

OMAHA- At least two new members will be elected to the Douglas County Board in the November election. This comes during a very controversial time with the planning of a new juvenile detention center in downtown Omaha. 

The race includes Jo Giles (D) and Mike Friend (R) in District 7 and Tim Lonergan (R) and Maureen Boyle (D) in District 5. Chris Rodgers in District 3 and Mike Boyle in District 1 are uncontested but Rodgers has recently been challenged by write-in candidate Sen. Ernie Chambers. The District 7 race will be tight. All candidates do not understand why the $120 million justice center was not put to a vote by the people. Mike Boyle is Maureen Boyle's father and they say they will not agree on everything and will not allow the family ties to sway decisions. 

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DON BACON, KARA EASTMAN ON HOW THEY'D HELP PEOPLE, BUSINESSES BOUNCE BACK FROM CORONAVIRUS

OMAHA- Nebraska's low unemployment rate may make it seem as though the state has not suffered as much as others in the pandemic. But Nebraskans are still losing jobs-- and people are saying they need more support from the federal government. Coronavirus responses have been a hot-button topic for the 2nd District House race. 

Many small business owners and restaurant/bar staff have seen huge losses. Some business owners say they do not want a handout and just need access to operating capital, however banks are tightening strings on loans and credit. 

Eastman says she would like to see Congress treat the pandemic as an emergency and roll out more payments. Bacon notes his work on the bipartisan group that proposed a new aid package that would give out another round of $1,200. Bacon and Eastman agree on the urgency of helping small businesses, but Bacon also wants to help big businesses. Eastman wants to see $1 trillion in aid going to local governments whereas Bacon thinks only $500 billion should be allotted to that cause. In response to the virus, Bacon said he wants to see a shorter turnaround time and continue to invest if therapeutics and vaccines. Eastman believes Bacon and Trump failed to respond correctly to the pandemic. 

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NEBRASKA SUPREME COURT REJECTS FINAL CHALLENGE TO PAYDAY LENDING MEASURE

LINCOLN- In an unanimous vote, the Nebraska Supreme Court rejected a challenge to a ballot initiative concerning payday loans. The initiative would cap payday loans at interest rates of 36%. Advocates for the initiative say rates are way too high and prey on low-income people. Brian Chaney challenged the ruling by saying people who signed the petition had not read the entire statute, saying that is against Nebraska Law. He also claimed fraud on the part of circulators by producing 188 affidavits from voters who signed the petition saying they would have rejected if they had read the whole statute. 

The Supreme Court ruled that Nebraska law does not require people to read the statute in full and there was no evidence of fraud by circulators. 

The payday lending initiative has already appeared on the ballots, however the Court could have prevented the votes from being counted.

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EDITORIAL: NEBRASKA SHOULD STAKE A CLAIM TO GAMBLING REVENUE

OMAHA- In the fiscal year of 2019, Council Bluffs casinos brought in over $400 million in gross revenue. This means Nebraskans are traveling to these casinos and are subsidizing Iowa tax relief and more. It only makes sense that Nebraska would want to capture some of that revenue. The ballot contains three citizen proposals dealing with this issue. One is a constitutional amendment to allow gaming at horse tracks. The other two are regulate the gaming and the proceeds. These would impose a 20% tax on gross gambling revenue of licensed operators, of which 70% would go to property tax relief, 25% to counties and 2.5% to both problem gamblers assistance and state general fund. 

If these pass, it could mean up to $45 million a year for property tax relief and would add 16% to the state's Property Tax Credit Cash Fund. The state has the country's eighth highest property tax burden, with Nebraska counties bringing in more revenue taxing farmland than any state but California and Texas. 

Opponents argue that casinos cause social problems and that gambling revenue projections also fall short. Before casino's came to Council Bluffs, 9% of homeless people that came through the Open Door Mission said their situation was due to gambling, now 36% of people say gambling was the main problem. 

The Omaha World-Herald urges voters to vote FOR Initiatives 429, 430 and 431. 

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NEBRASKA REPUBLICAN PARTY HELD LIABLE FOR ILLEGAL ROBOCALLS IN SLAMA-PALMTAG LEGISLATIVE RACE

LINCOLN- The Nebraska Public Service Commission issued the ruling that found the Nebraska Republican Party and Kansas City- based Remington Research liable for making illegal robocalls. The calls were meant to help Senator Julie Slama of Peru against her opponent Janet Palmtag. Both women are Republicans and have key endorsements. Palmtag said this is the largest fines the state has placed on automatic dialers.

Palmtag also threatened legal action against the NEGOP for mailers that were sent out saying she had lost her real estate license. Palmtag's attorney says the Republican Party intentionally and maliciously mailed the publications. Palmtag's team is demanding corrections and wants to hold the party liable for financial damage. 

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LINCOLN JUDGE HEARS ARGUMENTS OVER WHETHER ELECTION COMMISSIONERS SHOULD BE ELECTED

LINCOLN- Election Commissioners in Lancaster, Douglas and Sarpy counties went to court Wednesday for arguments in a legal squabble over whether they and their chief deputies should be elected rather than appointed. They currently are appointed by the governor in the three largest counties, and county boards appoint them in four others.

But Gov. Pete Ricketts has said he wouldn't make the appointments in the future based on his reliance on a written opinion by the Nebraska Attorney General's Office last year, which called them "constitutionally suspect."

The opinion had come in response to two questions posed by Sen. Matt Hansen of Lincoln. One, whether election commissioners are county officers under the Nebraska Constitution. Two, if they are, whether the appointment of election commissioners and their deputies violates the state constitution. 

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HUNDREDS OF NEBRASKANS POTENTIALLY FALSELY TOLD THEY COULD NOT VOTE

LINCOLN- Hundreds of eligible voters may have been mistakenly told that they can’t participate in the 2020 election because of problems with the handling of a Nebraska law requiring a two-year waiting period to restore felons’ voting rights.

At least 51 Nebraskans eligible and registered to vote received county letters saying they were ineligible to vote, Nebraska Secretary of State Bob Evnen told the American Civil Liberties Union of Nebraska. 

Nebraska’s county election officials sent letters in recent years to about 6,000 felons suggesting that they were ineligible to vote based on the law. ACLU Nebraska reviewed half of those cases individually. The ACLU flagged problems in nearly 300 of the cases and asked the state to review them. Some people were excluded for misdemeanors, instead of felonies. Others were booted from probation and excluded, a reason not meant by the law to keep someone from voting.

“It’s a perfect storm of confusion and errors in the system,” ACLU of Nebraska Executive Director Danielle Conrad said of problems with calculating the two-year waiting period required for felons after they complete their sentences. “Unfortunately, we don’t know the impact that that perfect storm may have.”

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RICKETTS OPENS SECOND ROUND OF COVID-19 FUNDING AID

LINCOLN- Gov. Pete Ricketts announced Monday a second round of coronavirus pandemic funding support that would make full use of the more than a billion dollars of federal assistance previously granted while targeting emerging needs.

Included in the new designation is additional funding for business stabilization funding. Among newly designated targets are hospital staffing and support for convention and event centers.

Application for assistance opens Wednesday and will close Nov. 13 with expenditure of the funding required by Dec. 30 under federal government provisions.

Among the new designations are a total of $11 million for the Food Bank of Lincoln and the Food Bank for the Heartland in Omaha and $6 million for the Lincoln Children's Zoo, the Henry Doorly Zoo in Omaha and the Riverside Discovery Center in Scottsbluff. The new list includes up to $500,000 in grants to event centers and sports arenas, while Movie theaters can receive $10,000 in assistance per screen. Additional resources are also available to bars and restaurants for a second round of assistance, and to local governments to assist in payroll for employees on the frontline of fighting the virus.

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NEBRASKA UNEMPLOYMENT RATE FALLS TO LOWEST LEVEL DURING THE PANDEMIC

LINCOLN- Local and state unemployment rates fell last month to their lowest levels since the coronavirus pandemic started.

According to data released Tuesday by the Nebraska Department of Labor, Nebraska's unemployment rate in September was 3.5%, while the rate for the Lincoln area was 3.2%. Those rates were both significantly higher than they were a year ago, but they are at their lowest levels since February. The state rate was the lowest in the nation for the second month in a row.

Commissioner of Labor John Albin said job numbers have continued to climb, with Nebraska topping 1 million jobs in September for the first time since March. “Not only does the unemployment rate continue to drop, but Nebraska’s non-farm job count continues to increase,” he said in a news release.

Eric Thompson, director of the Bureau of Business Research at the University of Nebraska-Lincoln, said Current Employment Statistics data shows Nebraska has recovered only about 70% of the total jobs lost since April.

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'ONE STEP FORWARD, TWO STEPS BACK': BARS AND RESTAURANTS PREPARE FOR NEW HEALTH MEASURE ADJUSTMENTS

LINCOLN- Governor Ricketts announced all indoor gatherings will be limited to 50% capacity starting Wednesday. Restaurants will also have to start enforcing rules such as all patrons must be seated, eight people maximum per table and more. 

Rich Anderson began offering dine-in services at his restaurant, Trini's Mexican Restaurant in Omaha, starting at the end of June. He personally opened at half-capacity and has stuck with it since then. "I just kept it that way thinking that nobody really knows what's going on," he said. Anderson said his restaurant in the Old Market Passageway used to serve 17 tables. Now, he's only seating nine. "I thought all along we could go backwards at any time," he said. "And we're here."

Red Lion Lounge general manager Koty Embree said he predicts his staff will be impacted by the DHM. "It feels like one step forward, two steps back," he said.  He said he watches coronavirus dashboard data, and was not surprised by the Ricketts' decision.

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NEBRASKA'S SURGE IN COVID-19 CASES SPURS DEBATE OVER HOW BEST TO FIGHT PANDEMIC

OMAHA- In the past week, Nebraska broke their record for cases and hospitalizations. With that, the governor has reintroduced directed health measures to attempt to slow the spread. The average return rate of test has been slowed to 4.3 days on average. This means people who are possibly infected are waiting almost an entire workweek to know for sure. 

The governor is continuing to be reluctant in creating a statewide mask mandate, however new DHM’s have been issued requiring bars and restaurants to not allow any standing room, and limit their seating. Governor Ricketts stated he wanted to get this measure out before Husker football begins this week. UNMC officials say that the current COVID-19 conditions do not allow for businesses and schools to be open as usual. The White House Coronavirus Task Force has asked the state to increase restrictions, which the state has failed to do. 

Governor Ricketts is continuing to hope Nebraskans will take personal responsibility for wearing masks instead of mandating them. 

This week Nebraska is ranked number 7 for new cases per capita In the United States. On May 8th, the average rate of infection was at 23.2, that figure is now at 35.3 cases per 100,000 residents. Dr. Birx and Governor Ricketts know the majority of cases are now coming from small family gatherings. Officials from UNMC say the state is now entering a very dangerous period of the pandemic. This is especially potent in rural Nebraska as cases have skyrocketed in the past few days. In Hamilton County, the rate of infection is at 53.6 per 100,000 people.

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342 GRETNA HIGH STUDENTS TESTED FOR CORONAVIRUS AFTER CLUSTER REPORTED

OMAHA- More than 300 Gretna High School students were tested for COVID-19 on Thursday.  The mass testing effort by the Gretna Public Schools, the Nebraska Department of Health and Human Services and the Nebraska Public Health Lab followed reports that more than 40 cases among students were traced to one event.

A note sent to families by Superintendent Rich Beran said the cases have been traced back to a large gathering on Oct. 3. On Wednesday evening, Beran declined to identify the event attended by Gretna students.

At a press conference Wednesday afternoon, Douglas County Health Director Adi Pour cited a homecoming party attended by 200 people, hosted by a parent outside Omaha, that has been linked to a “huge outbreak” of the virus.

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INMATE WITH COVID-19 DIES AT LINCOLN HOSPITAL, OTHER COVID-19 DEATHS

LINCOLN- An inmate died Sunday after being diagnosed with COVID-19. The inmate was in his 60s and had underlying health conditions. The grand jury has began their investigation on the matter. 

On the same day as 93 new cases were reported in the state, there were two deaths due to the virus. The deaths were a woman in her 70s and a man in his 60s who had both been hospitalized. The Lincoln-Lancaster death toll is now at 37. Lincoln hospitals are caring for over 50 COVID-19 patients, with half of those patients being on ventilators. 554 people in the state have died. 

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LAWSUIT SEEKS TO STOP NEBRASKA ENVIRONMENTAL TRUST'S $1.8 MILLION GRANT FOR ETHANOL PUMPS

LINCOLN- A lawsuit is being brought against the decision that the Nebraska Environmental Trust board made to award almost $2 million to a project installing ethanol blender pumps and storage tanks at gas stations. Critics of the decision have filed the lawsuit in the Lancaster County District Court and are asking for an injunction to stop the award and names the trust board as the defendant. 

The challenge claims the board lacked the votes to approve the award. Eight votes are needed to take action on the 14 member board. At the February vote to approve the award the votes were 7-2 with two members abstaining. In June when the vote officially "passed" three members abstained, the vote was 7-2 again. 

Controversy over this decision started in February when the recommendation was made to switch the funds from other more environmentally sustainable programs to this one. The board's grant committee advised against switching to the ethanol project. The board usually allocates $20 million a year from the Nebraska Lottery. 

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RICKETTS EYES RESOURCES FOR HOSPTIALS AS COVID CASES RISE

LINCOLN- Gov. Pete Ricketts said Wednesday the state is "looking at how we can provide additional resources to hospitals" as COVID-19 cases continue to increase in the state. 

Ricketts said he will be in conversation with the University of Nebraska Medical Center and hospitals to "determine what their needs are" while continuing to monitor and evaluate the challenge. Earlier this month, UNMC scientists and physicians warned that the state is entering "a dangerous period" in the pandemic with record numbers of new cases and hospitalization. "It is a potential perfect storm," they wrote in a statement released at a news conference in Omaha. 

This week there were 924 new cases on Wednesday alone, and hospitalizations reached a new high of 315 on Tuesday.

Ricketts has approved $40million in CARES Act money to support hospitals in staff efforts. Dr. Gary Antone, the Chief Medical Officer of Nebraska said some money should be used to hire traveling nurses. 

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EASTMAN RAISED $1.8 MILLION LAST QUARTER, FAR MORE THAN REP. DON BACON

OMAHA- Democratic congressional candidate Kara Eastman just notched a blockbuster fundraising quarter, bringing in more than $1.8 million in her bid to unseat Republican incumbent Rep. Don Bacon. Her haul compares with Bacon’s $977,000 in total receipts for the quarter that ended on September 30th

Bacon and Eastman are vying to represent the Omaha-based 2nd District, which has featured some of the tightest House contests in the country in recent election cycles.

At the end of the quarter, the Bacon campaign had $985,000 in cash on hand, while the Eastman campaign had $329,000. Eastman's cash on hand is lower due to earlier television advertising to attempt to impact those voting early. Outside spending on the race has overall favored Rep. Bacon to the tune of $4.6 million of the total $7 million.

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OPINION: FAILED PLOT TO KIDNAP MICHIGAN GOVERNOER SHOWS DANGER OF ANTI-GOVERNMENT RHETORIC

CHICAGO TRIBUNE OPINION- It’s easy to write off people who dress up in camouflage clothing and join anti-government groups with tough-guy names like the Wolverine Watchmen as cosplaying conspiracy theorists. But we do that at our own peril. The men who plotted to harm Whitmer met in July and “discussed attacking a Michigan State Police facility” and “shooting up the Governor’s vacation home,” according to court documents.

They apparently planned to take Whitmer to a location in Wisconsin, where she would stand “trial.”

The men who threatened the governor were caught before they could harm Whitmer, as were the men plotting attacks on law enforcement. That’s law and order — brave investigators using sources within anti-government groups to halt plans before they can happen. But it’s not always enough. Before the Oklahoma City bombing, federal investigators knew the federal building was a target, and they were on top of some groups they thought posed a threat.

People like McVeigh and the men charged in Michigan can pop up anywhere. They feed on distrust in government institutions. We can’t have leaders tossing them red meat.We simply can’t feed these beasts.

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DROUGHT CONDITIONS WORSEN SLIGHTLY IN NEBRASKA

LINCOLN- The downpours throughout the state were not enough to stop the relentless drought in Nebraska. The entire state is considered abnormally dry. Western Nebraska is in an extreme drought with Eastern Nebraska just being dry with 4 inches less rainfall than average. There is not more than a 20% chance of rain on any day for the next 2 weeks. 

Various counties throughout the state are also going into frost warnings. 

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JUDICIARY COMMITTEE HEARS SIX HOURS OF TESTIMONY ON POLICING IN NEBRASKA

LINCOLN- After around four hours of testimony in the Judiciary Committee senators were informed that police can be hired in small communities across the state with no training for a year. Officers are able to work without any certifications or without any training from the Law Enforcement Training Center. The discussions were mostly centered on law enforcement testimony. Chairman of the committee, Sen. Steve Lathrop was especially taken aback by this revelation. 

Training at the academy is only offered every three or four months and is a very expensive process. Smaller jurisdictions also have a hard time recruiting, matching wages and paid time off. Sen. Tom Brandt says smaller communities are the training ground for the rest of the state and many times the officers move to the higher-paying jobs in bigger cities such as Omaha or Lincoln. 

Chief of the Lincoln Police Department Jeff Bliemeister said fixing these issues will be costly but should be a top priority.

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