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

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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.

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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.”

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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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Omaha woman fighting for medical debt relief in Nebraska

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Omaha woman fighting for medical debt relief in Nebraska


OMAHA, Neb. (WOWT) – For many families, beating a cancer diagnosis isn’t just about physical recovery. One Omaha cancer survivor is now using her voice to fight for medical debt relief across Nebraska.

Diana Gleisberg Meredith thought she had an upper respiratory infection in January 2024.

“In January of 2024, I felt like I had some kind of upper respiratory – maybe Pneumonia, RSV…” Meredith said.

She was sent from her primary care doctor to the emergency room to a hospital by ambulance in a five-hour span.

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“The ER doctor identified that it was cancer, likely lymphoma,” Meredith said.

Diagnosis came as new mother started treatment

The diagnosis came as Meredith became a new mom. She knew she had to immediately start treatment.

“It’s life changing. You go from not having a care in the world to thinking you’re going to die and how is that going to affect my baby. It was the hardest thing I’ve ever had to go through emotionally, physically and mentally,” Meredith said.

Meredith said there’s an invisible burden that comes with the diagnosis.

“Not everybody is lucky to have the financial support or the human support to help them,” Meredith said.

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Treatment costs could add up to millions

Meredith had 12 chemo treatments. Each used four medications, with one of those costing more than $130,000. For one family, this could add up to millions.

After Meredith entered remission, she began fighting for medical debt relief for other Nebraskans.

“Nebraskans all throughout the state and right here in Omaha – they’re having to make those decisions about should they save their life, or how do they care for their family,” Meredith said.

Advocacy group plans Washington trip

She works with Blood Cancer United alongside other Omaha mothers whose children are cancer survivors. They hold fundraisers like “Light the Night,” collecting thousands of dollars and supporters.

In May, they’ll travel to Washington, D.C., for training on how to push for change at the federal level.

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“Our office of public policy gets together to help train these volunteers, help them get to know each other better and develop familiarity with what it means to go to a lawmakers office in Washington DC,” said Dana Bacon, senior director of government affairs for Blood Cancer United.

Meredith is fighting for lower interest rates on medical debt, no foreclosures on homes over medical debt and paused interest rates.

“It’s probably the most stressful thing that you’re going to go through, and then having to add medical debt on top of it? To be honest it’s hell,” Meredith said.

Other states are already protecting families from medical debt. Meredith said Nebraska should be next. Iowa is one of the states that limits liens and foreclosures when a family is drowning in medical debt.

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Red Flag Warnings in place as Nebraska faces dangerous fire conditions and record warmth

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Red Flag Warnings in place as Nebraska faces dangerous fire conditions and record warmth


LINCOLN, Neb. (KOLN) – Red Flag Warnings are in effect across Nebraska as dangerous fire conditions develop heading into the weekend, paired with unseasonably warm temperatures and strong winds that could quickly spread any flames.

Red Flag Warnings are in place for eastern Nebraska through 9 p.m. Friday night. The warning area expands significantly on Saturday, covering the entire state from throughout the entire day Saturday.

Friday: Moderate Fire Danger, Drying Trend

Friday’s fire concerns are lower than Saturday’s, but still significant. A Red Flag Warning remains in place for eastern Nebraska through 9 p.m. tonight as northerly winds pull in drier air throughout the afternoon. Dewpoints are expected to fall between 0° and 10° this evening as wind speeds taper.

The strongest winds and driest air won’t occur at the same time Friday, which is why confidence in Red Flag conditions is lower than normal today. By sunset, winds will become light and shift to the south as a surface high pressure system moves through the area.

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Red Flag Warnings are in place through 9 PM Friday for eastern Nebraska.(KOLN)

Saturday: Extreme Fire Danger

Saturday brings the most critical fire weather conditions of the period. The Red Flag Warning expands to encompass the entire state as relative humidity values plummet to 8-15% — dangerously dry levels that will allow fires to spread rapidly.

Winds will be the primary concern. Southerly winds are expected to be sustained between 20 and 30 MPH for most — with gusts between 40 and 50 MPH possible at times. These powerful winds combined with extreme dryness create a recipe for rapid fire spread.

Red Flag Warnings are in place across the state all day Saturday.
Red Flag Warnings are in place across the state all day Saturday.(KOLN)
Winds gusts could reach as high as 45 MPH into Saturday afternoon.
Winds gusts could reach as high as 45 MPH into Saturday afternoon.(KOLN)

Temperatures will warm into the 60s and low 70s on Saturday — warmer in the west — but the heat is secondary to the wind and dryness threat. Relative humidity values will fall below 30% as early as 9 a.m. when the Red Flag Warning begins.

Temperatures warm into the 60s and 70s on Saturday with strong southerly winds.
Temperatures warm into the 60s and 70s on Saturday with strong southerly winds.(KOLN)
Generally sunny skies are expected on Saturday with some passing clouds from time to time. No...
Generally sunny skies are expected on Saturday with some passing clouds from time to time. No moisture is expected.(KOLN)

Sunday: High Fire Danger, Lighter Winds

Fire danger remains high to very high Sunday as an upper ridge moves overhead. Temperatures will climb to the upper 70s to upper 80s. The good news: southerly winds won’t be as strong, with gusts peaking at only 20 mph. This provides some relief from the most critical conditions, though fire danger will still be elevated.

Highs will reach the upper 70s to upper 80s on Sunday.
Highs will reach the upper 70s to upper 80s on Sunday.(KOLN)

Record Heat Monday

Monday will be the week’s warmest day, with mid- to upper-80s and low 90s forecast across Nebraska. Records are within reach — for many areas across the state. Lincoln’s forecast high of 88 degrees would tie the 1917 record.

Highs reach into the upper 80s and low 90s on Monday.
Highs reach into the upper 80s and low 90s on Monday.(KOLN)
Record and near record high temperatures are expected again on Monday.
Record and near record high temperatures are expected again on Monday.(KOLN)

Pattern Change Ahead

A cold front will slice through the area Tuesday morning, bringing cooler and cloudier conditions back to Nebraska. Highs will fall back to the 50s and 60s — a dramatic 30+ degree temperature drop from Monday. Winds will remain gusty from the north.

Precipitation chances will increase by early to mid-week. Tuesday through Thursday will see low chances (~20%) for light precipitation, with a mixture of rain and snow possible at times. No winter impacts are expected. Better chances are forecast for Wednesday night and Friday night as a wholesale pattern change develops, bringing southwest flow and surface moisture back to the region.

Warming temperatures are expected into the weekend and early next week before cooler, wetter...
Warming temperatures are expected into the weekend and early next week before cooler, wetter weather is expected into next week.(KOLN)

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What Iowa coach Ben McCollum said after defeating Nebraska on Thursday

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What Iowa coach Ben McCollum said after defeating Nebraska on Thursday


Iowa coach Ben McCollum met with the media following his team’s 77-71 victory over the Nebraska Cornhuskers in the Sweet 16. The Cornhuskers led by three at the half but Iowa was able to outscore Nebraska 34-25 in the second half.

Pryce Sandfort led all scorers with 25 points while shooting 8 of 13 from the field and 6 of 10 from the 3-point line. Bennett Stirtz led the Hawkeyes with 20 points and played for all 40 minutes.

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Iowa shot 52% (27-52) from the floor, 43% (13-30) from beyond the arc and 83% (10-12) from the free throw line. Nebraska struggled shooting 41% (24-58) from the field, 34% (13-38) from the 3-point line and 91% (10-11) from the charity stripe.

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The Hawkeyes’ head coach acknowledged that his team had a poor start but a great finish and said that his team will need to play better to advance beyond the Elite Eight.

Yeah, I think to start we weren’t fantastic to start. They had an elite game plan to start. They played with elite pace. They adjusted their defense quite a bit. I think a lot of people will talk about the rivalry. I was around it when I was in Iowa, you know, and grew up in Iowa and understand the rivalry and whatnot. It’s nice to have — I guess if you would a call it rival that runs such a class program.

I think Coach Hoiberg, they have got great kids. They completely turned everything around from the previous season, and they have absolutely nothing to hang their heads about or anything. I have the utmost respect for them, all their players, and especially Coach Hoiberg. Heck of a season. I know it’s no consolation, but we still want to beat ’em every time and they want to beat us every time.

But from and internal perspective, there’s not a lot of bad blood there. It’s actually a lot of respect. I was really pleased with our second-half performance. I thought we actually decided we were going to try — not try. They had a lot to do with it, but kind of. Yeah, they’re smiling over there because they saw me break my marker.

And I thought our kids did a good job of executing offensively in both halves. We spent a lot of time trying to make sure that we could score, and you saw the result of that. We didn’t defend. But we were able to score, so we were able to stay in the game long enough and then get enough stops and had some big possessions down the stretch. Really good program win for everybody, coaches, managers, everybody included.

Iowa advances to the Elite Eight with the victory. Nebraska’s season ends with a record of 28-7.

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This article originally appeared on Cornhuskers Wire: What Iowa coach Ben McCollum said after defeating Nebraska on Thursday





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