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State asks judge to keep county requirements for petitions in place

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State asks judge to keep county requirements for petitions in place


Attorneys for the state have requested a federal decide to throw out a lawsuit difficult Nebraska’s necessities for qualifying poll initiatives, saying that doing so would “drastically change” the initiative course of within the state.

In a 46-page transient filed Tuesday in U.S. District Courtroom, attorneys representing Secretary of State Bob Evnen mentioned the grievance filed by Nebraskans for Medical Marijuana and the ACLU of Nebraska lacked advantage and would upend the initiative course of outlined within the state’s structure.

The lawsuit, filed earlier this month by Crista Eggers, a statewide marketing campaign coordinator for Nebraskans for Medical Marijuana’s pair of petitions now being circulated, asserts the necessities for gathering signatures are unconstitutional.

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The submitting in U.S. District Courtroom, which names Evnen, seeks a preliminary injunction on the requirement forward of the July 7 deadline for submitting signatures.

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Nebraska’s state structure requires petitions to acquire the signature of 5% of voters in 38 of the state’s 93 counties, which Eggers’ lawsuit alleges violates the equal safety and due course of clauses of the 14th Modification, and violates the First Modification rights of voters.

Beneath the present methodology, Nebraskans for Medical Marijuana’s lawsuit states, voters in rural counties, the overwhelming majority of which have fewer than 10,000 residents, declare outsized energy in terms of qualifying initiatives in comparison with city areas, the place a lot of the state’s inhabitants lives.

Plus, the lawsuit argues, organizers are pressured to reallocate assets, which probably strips voters of having the ability to have their voices heard via the petition course of.

Whereas Nebraskans for Medical Marijuana have urged that the signatures be gathered from every of the state’s three congressional districts, or 49 legislative districts — that are apportioned by inhabitants — the state mentioned that plan wouldn’t work.

Replying on behalf of Evnen, the Nebraska Legal professional Common’s Workplace mentioned the signature-gathering requirement was integral to the initiative course of within the state, and that getting rid of it could successfully minimize rural Nebraskans out of the qualification course of.

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That, in response to Solicitor Common James Campbell, would successfully finish the initiative course of within the Cornhusker state.

“(T)he multicounty signature requirement is so integral to the initiative proper in Nebraska — an indispensable half since its inception — that if this requirement falls, the whole initiative energy should fall with it,” Campbell wrote.

The legal professional common’s workplace argued the lawsuit fails to state a declare and lacks standing, and argues that it could be inconceivable to separate the signature requirement from the remainder of the initiative course of, which was included within the Nebraska Structure in 1920.

“This constitutional textual content and its historic improvement present that, from the very starting, the folks envisioned an initiative course of that assured some measure of broad-based geographical help and involvement,” the state wrote in its transient.

“They didn’t need a course of that operated completely in massive cities,” it continues. “They demanded that residents outdoors these city facilities be included. Permit the initiative proper to face with out the multi-county requirement would thus ‘do violence to the intent of the (folks).’”

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The state additionally mentioned the Equal Safety Clause of the 14th Modification didn’t apply as a result of the constitutional proper to vote is for candidates of “consultant authorities” — not a poll initiative created underneath state regulation.

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“The Supreme Courtroom has by no means prolonged the basic proper to vote into the very completely different circumstance of this case — signing petitions to train one’s state-created proper of initiative,” Campbell wrote.

As a substitute, the legal professional common’s workplace argued the foundations arrange by the state ensured “a major modicum” of statewide help for poll initiatives, in addition to one which diminished the potential of native initiatives from advancing.

The present guidelines additionally promote collaborating within the initiative course of all through the state, the legal professional common’s workplace mentioned, and unfold signature verification throughout a number of county workplaces, not only a handful of counties that may very well be overwhelmed.

Nebraskans for Medical Marijuana is circulating a pair of petitions to qualify for the November 2022 poll.

The primary would require the Legislature to enact statutes that shield medical doctors who suggest hashish for his or her sufferers, and for sufferers who possess or use hashish on the suggestion of their physician.

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The second would require state lawmakers to move laws defending personal entities that produce, provide or distribute hashish for medical functions in Nebraska.



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Nebraska

Holiday Hoops: Huskers set for Diamond Head Classic in Hawaii

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Holiday Hoops: Huskers set for Diamond Head Classic in Hawaii


How about some Husker hoops during the holidays in Hawaii.

Nebraska (7-2 overall, 1-1 in Big Ten) begins its Diamond Head Classic slate on Sunday night in Hawaii against Murray State (6-4, 1-1 in Missouri Valley Conference). Tip for the game is set for 8 p.m. central time. It will be televised by ESPN with Roxy Bernstein and Sean Farnham on the call.

The Hawaiian Airlines Diamond Head Classic is a three-day tournament with games on Sunday, Monday and Christmas day on Wednesday. The action is played at SimpliFi Arena at the Stan Sheriff Center in Honolulu, the home of the hosting Rainbow Warriors.

Nebraska will play the winner of Hawaii and Charlotte in the second game on Monday. College of Charleston, Loyola (Chicago), Oakland and Oregon State make up the rest of the eight-team tournament field.

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Here’s a look at the bracket, which can be viewed here:

Each team in the tournament will play three games in four games. That’s a lot of basketball packed into a short amount of time. That’ll no doubt be a different feeling for the Huskers, who have a schedule with a December stretch of just three games in 21 days.

Obviously, getting off on the right foot in the opener against Murray State is a must for the trip to be considered a success.

“This first one obviously is very important, to try to stay on the right side of the stay bracket,” Fred Hoiberg said during a press conference Thursday before the team departed. “We’ll worry about the second game when we get there, whether it’s Hawaii or Charlotte, and then have a day off to prepare for the third game that we will play.”

Nebraska will catch Murray State on a two-game losing streak. The Racers fell on the road at Western Kentucky 81-76 in overtime last Saturday, then dropped a game at Indiana State on Wednesday 84-74.

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Hoiberg noted how Murray State dug itself in a hole early but never quit and made it a game at the end. The Racers trailed by as many as 22 points in the second half, 53-36 with 12:15 remaining, but slashed the Sycamores’ lead to a two-possession game, 78-74, with 1:37 left.

“It’s a team that shoots the ball as well or better than any team that we played to this point, and they’ve got quick, athletic guards that pose problems on both ends of the court,” Hoiberg said.

Nebraska is coming off a head-turning 85-68 victory against Indiana on Dec. 13, a solid rebound effort after getting embarrassed in a loss at Michigan State.

In the win over the Hoosiers, Brice Williams went off with an outing of 30 points, six rebounds and five assists. The 6-7 guard was named Big Ten Player of the Week and one of five USBWA Oscar Robertson National Players of the Week.

Williams also became only the second Husker in the Big Ten era to have at least 30 points and five assists in a game, joining Teddy Allen (2021).

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Murray State will come into the game averaging 78.8 points per game (7th in MVC) while shooting 47.7% from the field (7th) and 38.6% from 3-point range (4th). The Racers’ defense is allowing 67.0 points per game (3rd) and have done well defending the perimeter, holding opponents to 27.9% shooting from 3 this season.

“Their ability to shoot is the thing that really stands out,” Hoiberg said. “They shoot over 40 percent as a team. Their guards are really quick, and they do a great job getting into the paint.”

Hoiberg knows Murray State head coach Steve Prohm well. Prohm was who took over for Hoiberg at Iowa State when he took the Chicago Bulls head coaching job.

“I think he’s a great guy and I think he’s a hell of a coach,” Hoiberg said of Prohm. “So they do a really good job of spacing the floor. They run a lot of really good actions, especially for their shooters when they get it going. And their bigs, the guys that do play, they’re very active going to the glass. They will throw it in there depending on matchups. I’ve been impressed with this team and their overall quickness and ability to shoot the ball. Those are the things that worry you most about this group.”

With the forecast for Honolulu calling for sunny skies and 80-degree temperatures during the days of the tournament, the Huskers want to enjoy the experience of being in Hawaii during the holidays.

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But making sure winning basketball games and the tournament is the top priority.

“If we go out there and guys want to sit on the beach and do all that, we’re probably not going to be very successful,” Hoiberg said. “We’ve talked a lot to our guys about going out there, enjoying the experience and enjoying the process, but understanding when that ball goes up in the air, we got to be on point and we got to be ready to go.”

Nebraska preferred to fly to Hawaii on Thursday, but due to finals at UNL, the departure day was pushed to Friday. The Huskers landed in Honolulu on Friday afternoon local time.

Hoiberg said the Huskers had a light workout on the court after landing and will have a practice on Saturday before the Sunday game. The tight schedule won’t be an excuse, Hoiberg said, because every team in the tournament, outside of host Hawaii, is making the same trip.

“We’re all in the same boat on this trip,” Hoiberg said. “It’s something where the team that puts the distractions behind them — you got the time change, got a new ball that we’ve been practicing with all week — but it’s the same thing for everybody. It’s the short turnarounds, and the team that prepares the best will have the most success in the tournament this week.”

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On Tuesday, the off day on Christmas Eve, Hoiberg said there will be a team meal with some of the family members that also made the trip. They’ll find time to fit that in between a practice and multiple film sessions.



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Georgia Transfer Defensive Back Justyn Rhett Commits to Nebraska

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Georgia Transfer Defensive Back Justyn Rhett Commits to Nebraska


An SEC defensive back is headed to Lincoln via the transfer portal.

Former Georgia DB Justyn Rhett has committed to Nebraska. He has three years of eligibility remaining.

Rhett appeared in four games over two seasons for the powerhouse Bulldogs. He finishes his Georgia career with three tackles.

The 6-1, 200-pound DB got to Athens from the football factory out of Las Vegas, Bishop Gorman. A four-star prospect out of high school, Rhett was selected to play in Under Armour All-America Game and picked Georgia over Alabama, Michigan, Florida State, LSU, Tennessee, Oregon, Notre Dame, Oregon, and more.

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MORE: Nebraska Women’s Basketball Falls at No. 17 Georgia Tech

MORE: Dave Feit’s Historical College Football Playoffs: The Post-Osborne Nebraska Teams

MORE: Purdue Transfer Quarterback Marcos Davila Commits to Nebraska

MORE: Carriker Chronicles: Nebraska Big Day; Coaching Staff Is Better

MORE: Despite Final Four Loss, Nebraska Volleyball Has Plenty to Be Proud Of This Season

Stay up to date on all things Huskers by bookmarking Nebraska Cornhuskers On SI, subscribing to HuskerMax on YouTube, and visiting HuskerMax.com daily.



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900 Square Feet: Recapping Louisville-Pitt, Penn State-Nebraska

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900 Square Feet: Recapping Louisville-Pitt, Penn State-Nebraska


LOUISVILLE, Kentucky — One match left: Louisville, which knocked out Pittsburgh, plays Penn State, which ousted Nebraska with a five-set reverse sweep.

ESPN and Big Ten Network analyst Emily Ehman and VolleyballMag editor Lee Feinswog look back on an incredible Thursday night at the NCAA Division I Volleyball Championship:



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