Nebraska

Opinion | A Leading Law Scholar Fears We’re Lurching Toward Secession

Published

1 year ago

September 24, 2024

Opinion | A Leading Law Scholar Fears We’re Lurching Toward Secession

Here’s how rickety our constitutional system has become: The fate of the 2024 election could hang on the integrity of a single Republican state senator in Nebraska.

To understand why requires getting a bit deep in the Electoral College weeds. Almost all states use a winner-take-all system to apportion their presidential electors, but Nebraska and Maine award some electors by congressional district. In 2020, Joe Biden won one of Nebraska’s five electoral votes, and Donald Trump won one elector from rural Maine. This year Kamala Harris’s clearest path to victory is to take the so-called blue wall states of Pennsylvania, Michigan and Wisconsin, plus one electoral vote in Nebraska.

One reason that both states have resisted partisan pressure to switch to winner-take-all is the assumption that if one did so, the other would as well, balancing out any Electoral College effect. But this year, Republicans waited until it was too late for Maine to change its rules before starting a push to change them in Nebraska. If they succeeded and Harris held the blue wall but lost the other swing states, there would be a tie in the Electoral College. For the first time in 200 years, the election would go to the House, where each state delegation would get one vote and Trump would almost certainly be installed as president.

So far, one man, State Senator Mike McDonnell, who defected from the Democratic Party this spring, is standing in the Republican Party’s way. We should all be grateful for his courage. But the pressure on him from his new party will be intense, and he can still change his mind in the coming weeks.

Whether or not McDonnell remains steadfast, this is a preposterous way to run a purportedly democratic superpower. The Electoral College — created in part, as the scholar Akhil Reed Amar has shown, to protect slavery — has already given us two presidents in the 21st century who lost the popular vote, and it continues to warp our politics. It is one reason Erwin Chemerinsky, the dean of the U.C. Berkeley School of Law and an eminent legal scholar, has come to despair of the Constitution he’s devoted much of his life to. “I believe that if the problems with the Constitution are not fixed — and if the country stays on its current path — we are heading to serious efforts at secession,” he writes in his bracing new book, “No Democracy Lasts Forever: How the Constitution Threatens the United States.”

Chemerinsky’s description of the way our Constitution thwarts the popular will — including through the Electoral College, the growing small-state advantage in the Senate and the rogue Supreme Court — will be familiar to readers of books like last year’s “Tyranny of the Minority” by Steven Levitsky and Daniel Ziblatt. The surprising part of his argument is his call for a new constitutional convention, which can be triggered, under the Constitution’s Article V, by a vote of two-thirds of the states.

Many on the right have long dreamed of an Article V convention, hoping to pass things like a balanced-budget amendment. Chemerinsky wants to use the process to advance changes sought by progressives. It is imperative, he writes, “that Americans begin to think of drafting a new Constitution to create a more effective, more democratic government.” Without radical reforms, he fears, the country could come undone.

Chemerinsky arrived at his somewhat despairing view of our predicament with reluctance. “What makes it painful is the underlying pessimism or the underlying sense of crisis,” he told me. “I’m by nature an optimist.”

That optimism seems to drive his belief that a country as polarized as ours is still capable of sweeping positive change. “I want to believe that if a group of men and women came together and had to draft a Constitution that they knew would have to be ratified by the country, they would come up with a better document than we have now,” said Chemerinsky. “And if they failed, if it went off the rails, it wouldn’t get approved.”

I lack his faith. My fear is that while our Constitution has become a kind of cage, it’s also the only thing holding our country’s hostile factions together. The paradox of our founding document is that it’s both an accelerant to authoritarianism and a bulwark against it. The Constitution is the reason that Trump could again become president in defiance of the wishes of the majority. But if that happens, the Constitution would be one of the few tools we have to restrain him. Given our furious divisions, I’m skeptical that we could agree on a new and better one.

But I agree with Chemerinsky that because of the deep structural flaws in our Constitution, the union is more fragile than many assume. And like him, I can easily imagine America getting to a place where the idea of breaking it up no longer seems unthinkable.

America could, of course, get lucky. For this election, McDonnell could continue to resist his party’s entreaties, or Harris could win enough Electoral College votes to make any chicanery in Nebraska moot. Eventually, Congress could enact reforms that lessen some of our system’s antidemocratic distortions. One law Chemerinsky suggests would mandate that all states allocate their electors proportionally, so that all voters, regardless of their states’ partisan leanings, have a role in choosing the president. And in time, America’s demography and its political coalitions could change in ways that might help our politics come unstuck. If Texas were to become a blue state, for example, conservatives might suddenly find themselves open to Electoral College reform.

But right now, we’re staring down yet another election in which Trump could win after losing the popular vote. Chances are he’ll have a Republican-controlled Senate, even if most people who go to the polls vote for Democrats. He’ll operate under the protection of a widely distrusted Supreme Court — the only one in any major democracy where justices have lifetime tenure — that has granted presidents broad impunity for crimes they commit in office. “The mistakes made in 1787 are haunting us in the 21st century,” writes Chemerinsky. The question is whether America is capable of fixing them before they destroy us.

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Nebraska

How to Watch No. 12 Nebraska Basketball at USC with Preview, Breakdown, TV Channel

Published

10 hours ago

February 28, 2026

Press Room

How to Watch No. 12 Nebraska Basketball at USC with Preview, Breakdown, TV Channel

Not even more sickness could stop the No. 12 Nebraska men’s basketball team.

With a nasty flu strain ripping through the Huskers and the UNL campus as a whole, Nebraska needed a little more time to take care of Maryland, but freshman star Braden Frager and his team-high 21 points and eight rebounds led a late NU surge for a 74-61 victory over the Terrapins. Forward Pryce Sandfort added to the effort with 16 points and eight rebounds while both Rienk Mast (13) and Sam Hoiberg (12) also reached double figures.

Now with just three games remaining in the regular season, the Huskers venture west for a two-game road trip to L.A., where they start off against a USC team in the middle of a long losing skid. Here’s all you need to know for Saturday’s mid-afternoon showdown between the Huskers and Trojans.

How to Follow Along

Matchup: Nebraska (24-4, 13-4 B1G) at USC (18-10, 7-10 B1G)
When: Saturday, February 28
Where: Galen Center, Los Angeles, Calif.
Time: 3 p.m. CST
Watch: Big Ten Network
Listen: Huskers Radio Network and Affiliates

USC head coach Eric Musselman has already surpassed the wins total from his first season in charge of the Trojans. | Adam Cairns/Columbus Dispatch / USA TODAY NETWORK via Imagn Images

USC Scout

Head Coach

Eric Musselman | 2nd season at USC; 11th as HC
35-28 (.556) at USC; 256-121 (.679) College Career Record
6x NCAA Tournament Apps., 2x Elite Eight, 2x Sweet 16, 1x CBI Championship
3x MWC regular season, 1x MWC tournament
1x MWC Coach OTY (2018), 1x NBA D-League Coach OTY (2012)
Previous head coach at Arkansas, Nevada, Sacramento Kings and Golden State Warriors
Previous assistant at LSU, Arizona State, Memphis Grizzlies, Atlanta Hawks, Orlando Magic and Minnesota Timberwolves

2024-2025 Record & Awards

Record: 17-18 (7-13 B1G, T-12th)
Finish: L, 60-59 to Villanova in CBC Quarterfinals
All-B1G: 1x Honorable Mention

All-Time Series

USC leads 6-5
Jan. 22, 2025, last matchup, 78-73 USC

Washington guard Desmond Claude (1) was an All-Big Ten Honorable Mention pick last year at USC before transferring. | Steven Bisig-Imagn Images

Key Returners

Terrance Williams II | F | Gr. | Was off to a great start with 10.6 points and 4.6 rebounds per game last year before getting knocked out for the season just seven games in; has not been the same with just 2.5 PPG in 27 contests this season.

Key Departures

Desmond Claude | G | Transfer | Named All-Big Ten Honorable Mention last season for the Trojans after leading the team with 15.8 points per game, but transferred to Washington over the offseason.
Wesley Yates III | G | Transfer | Another player that transferred to Washington, the Texas native was second on the team last season in scoring (14.1) and steals (40) as a redshirt freshman.
Chibuzo Agbo | G | Graduated | Veteran guard that scored 11.8 points per contest while leading the team with 76 made three-pointers as part of his final college season.
Saint Thomas | F | Graduated | The Omaha native and Millard North graduate scored 9.5 points and grabbed 5.9 rebounds per game in his final college season.
Rashaun Agee | F | Graduated | A 6-foot-8 veteran forward who proved to be USC’s most dangerous threat off the bench by scoring over nine points per game.
Josh Cohen | F | Graduated | A 6-foot-10 post that started in 25 of his 33 appearances while adding 5.9 points per game for the Trojans.
Clark Slajchert | G | Graduated | Another key reserve for the Trojans who put up four points per game in 11 minutes across 27 games.
Kevin Patton Jr. | F | Transfer | After scoring 9.8 PPG at San Diego, the California native saw limited action for USC off the bench to prompt his transfer to New Mexico over the offseason.
Matt Knowling | F | Graduated | Played in 27 contests with an average of over 18 minutes, but added little production with three points and 2.6 rebounds.

Another standout guard for USC last season, Wesley Yates III (9) transferred to Washington ahead of his redshirt sophomore year. | Vincent Carchietta-Imagn Images

Impact Transfers/Newcomers

Rodney Rice | G | Jr. | The third leading scorer from a Sweet 16 Maryland squad last season, the transfer scored over 20 points per game for the Trojans before suffering a season-ending shoulder injury in December.
Chad Baker-Mazara | G/F | Gr. | A veteran transfer that aided Auburn’s run to the Final Four last season, the Dominican Republic native leads all active Trojans with 18.6 points per game and 71 total assists.
Ezra Ausar | F | Sr. | The 6-foot-9 forward transfer from Utah scores over 15 points per game and grabs over six rebounds per contest in an elevated role after the injury to Rice.
Alijah Arenas | G | Fr. | The son of former NBA star Gilbert Arenas, the true freshman missed the first 18 games of the season, but he’s been highly productive with a 13.9 points per game average in his first 10 college games.
Jacob Cofie | F | Soph. | A massive 6-foot-10 forward from Seattle, the Virginia transfer gives USC a weapon inside with 9.8 points and seven rebounds per game as a full-time starter.
Kam Woods | G | Gr. | A mid-season transfer from Robert Morris, where he led the program to its 10th NCAA Tournament appearance, the Alabama native has added over eight points and four rebounds in 16 contests this year.
Jordan Marsh | G | Jr. | The 2025 Big South Conference Newcomer of the Year last season at UNC-Ashville, Marsh acts as the sixth man for the Trojans with 6.7 PPG to lead all reserves.
Jaden Brownell | F | Gr. | A 6-foot-10 bench forward, the USC big man was a 14-point scorer at Samford last season before making his way to L.A.
Jerry Easter II | G | Fr. | An Ohio native who went to the heralded Link Academy in Missouri, Easter II has earned six starts in his 26 appearances by scoring 4.4 points per game.
Gabe Dynes | C | Jr. | The 7-foot-5 center led the country in blocks (104) last season at Youngstown State before transferring to USC, where he’s putting up three points per game, but has collected 30 blocks while only averaging 12 minutes per appearance.

Outlook

A veteran head coach at both the college and NBA levels, Eric Musselman was at the center of one of college basketball’s wildest coaching carousel moves following the 2023–24 season, leaving Arkansas for USC and paving the way for the legendary John Calipari to take over the Razorbacks program.

While Calipari marched his team to a Sweet 16 appearance in his first season, Musselman’s debut season in L.A. ended with a quarterfinal loss in the CBC for an underwhelming year. What followed was an exodus from the program, with top-two scorers Desmond Claude (15.8) and Wesley Yates III (14.1) both transferring to Washington despite standout seasons. Six others graduated, including Omaha native Saint Thomas (9.5) as well as Chibuzo Agbo, a veteran guard who scored 11.8 points per game in his final college season.

That resulted in a whole new crop of transfers to join the team, including the crown jewel of the haul in Rodney Rice, who played a big part in helping Maryland reach the Sweet 16 last season. The junior started out hot for the Trojans, logging over 20 points per game, but a devastating shoulder injury ended his season just seven games in, which immediately lowered the ceiling for a USC team with decent talent. Chad Baker-Mazara has stepped up in the place of Rice with 18.6 points per game and a team-high 71 assists after transferring from Auburn, where he helped the Tigers reach the Final Four.

Rodney Rice (1) was scoring over 20 points per game for USC before suffering a season-ending shoulder injury in December. | Kiyoshi Mio-Imagn Images

Utah transfer Ezra Ausar has produced at a high level with over 15 points and six rebounds per contest. Despite missing the first 18 games of the season, true freshman Alijah Arenas has averaged 13.9 points per game as a starter. Sophomore and Virginia transfer Jacob Cofie is the muscle in the post, scoring 9.8 points per game and grabbing a team-high seven rebounds per contest. Similar to Arenas, Robert Morris transfer Kam Woods has been a big mid-season addition with over eight points and 4.6 rebounds per game. Plus, Jordan Marsh (6.7), Jaden Brownell (5.3), and 7-foot-5 center Gabe Dynes give Musselman the opportunity to mix-and-match his lineup off the bench depending on the matchup.

The Rice injury is massive, and could end up being one of the primary reasons for the Trojans missing the NCAA Tournament, for which they are a bubble team in the latest projections. It’s crunch time for USC, which is in the midst of a four-game losing streak after dropping contests to Ohio State, No. 10 Illinois, Oregon, and UCLA. Three of those four were winnable for the Trojans and games that could really haunt them as they search for key wins down the stretch to lock up a spot in March Madness.

Against a Trojan team that doesn’t defend well, but ranks as one of the top rebounding teams in the conference, USC is an interesting matchup for Nebraska. Being on the road and dealing with more sickness isn’t helpful, but I’m riding the Huskers for this one to reach 25 wins on the year.

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Nebraska

Nebraska State Patrol troopers find 242 pounds of cocaine during commercial truck inspection

Published

22 hours ago

February 27, 2026

Press Room

Nebraska State Patrol troopers find 242 pounds of cocaine during commercial truck inspection

LEXINGTON, Neb. (KOLN) – Troopers with the Nebraska State Patrol arrested one person after finding more than 240 pounds of cocaine during a commercial vehicle inspection.

On Tuesday afternoon, an NSP Carrier Enforcement trooper conducted a commercial vehicle inspection on a semi tractor/trailer driven by Arwinderjit Singh, 30, of California, near mile marker 254 on Interstate 80.

Arwinderjit Singh mugshot(Dawson County Jail)

During the inspection, the trooper became suspicious of criminal activity. An NSP K-9 detected the odor of a controlled substance inside the cab of the semi, troopers said.

After searching the cab, troopers located 242 pounds of cocaine concealed underneath the sleeper bed, NSP said.

Troopers with the Nebraska State Patrol arrested one person after finding more than 240 pounds... — Troopers with the Nebraska State Patrol arrested one person after finding more than 240 pounds of cocaine during a commercial vehicle inspection.(Nebraska State Patrol)

Singh was arrested on suspicion of possession of cocaine, possession with intent to deliver, possession of an open alcohol container, no drug tax stamp and displaying a fictitious license plate.

Singh was lodged in Dawson County Jail, and his bond was set at 10% of $2 million. A preliminary hearing is scheduled for March 12.

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Athlete of the Week: Creighton Prep boys wrestling’s Zaiyahn Ornelas

Published

1 day ago

February 27, 2026

Press Room

Athlete of the Week: Creighton Prep boys wrestling’s Zaiyahn Ornelas

OMAHA, Neb. (WOWT) – Creighton Prep senior Zaiyahn Ornelas won his fourth consecutive Nebraska state wrestling title on Saturday.

According to NSAA records, he joins 39 other wrestlers in state history to accomplish the feat.

“It’s a great feeling,” Ornelas said. “It’s a feeling everybody wants.”

The senior ended his career as the 39th four-time state champion in Nebraska history, winning three at Wilber-Clatonia before joining the Jr. Jays.

Ornelas won three Class C state titles at Wilber-Clatonia at 106, 113 and 120 pounds before transferring to Creighton Prep for his senior season, where he competed in Class A at 126 pounds.

“Three state titles there and then just thought I could bump up my competition,” Ornelas said.

“Zaiyahn is one of the cleanest technicians I’ve ever seen. That’s a huge testament to his coaching staff at Wilber,” Fisher added.

Ornelas was one of four Creighton Prep wrestlers to win state titles this season, helping lead the Jr. Jays to the Class A team title. Teammates said his presence in the practice room raised their level of competition.

“I could never slack off just because my competition in the state was easy. I always had to come in this room and get better or else I was going to get beat,” said sophomore Cruzer Dominguez, a two-time Class A state champion at 106 and 120 pounds.

Sophomore Kameron Green, the Class A 144-pound state champion this year, also credited Ornelas for aiding in his development.

“Zaiyahn being a training partner has helped me in tremendous ways,” he said. “When he wrestles, he’s not the nicest or shyest kid, but he’s tenacious and tough.”

The sophomore won his first state title after finishing as a runner-up at 126 pounds as a freshman.

Junior JT Smith, a two-time state champion at 175 and 190 pounds, said the achievement carries weight for the entire team.

“It’s something really special to have a teammate that’s a four-time state champion,” he said. “That’s something everyone wants to be.”

The junior finished the season as a back-to-back state champion after winning a gold medal at 175 pounds as a sophomore.

Fisher said Ornelas’s attitude set the tone from the start.

“He has so many skills and then coming into our room, he’s extremely coachable. Every time he came in here he was humble, ready to work, wanting to get better and that’s why he is as good as he is,” Fisher said.

Ornelas signed to wrestle at the University of Nebraska in November. He said the move to Creighton Prep delivered what he was looking for.

“This is the reason why I came here. I went out to explore, to find the best, and this is the territory that I found. If it wasn’t for these guys — the push — I would have not been there,” Ornelas said.

“It’s hard to believe. That’s kind of what I wanted since the beginning, freshman year,” he said.

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