World-Herald editorial: Vote of confidence in a capable judge

It is no surprise that Judge John Gerrard received a strong endorsement from both of Nebraska's U.S. senators and has won confirmation to the federal bench by a vote of 74 to 16.

Gerrard has served ably on the Nebraska Supreme Court, writing more than 450 opinions for the court since 1995 and earning respect for his capabilities and professionalism. He is a worthy successor to retiring U.S. District Judge Richard Kopf.

Nebraska voters have retained Gerrard in office three times, and he has received top ratings by the Nebraska State Bar Association. He has been honored for promoting racial and ethnic fairness in the courts.

During floor debate on Gerrard's nomination, Sen. Jeff Sessions of Alabama unfairly caricatured Gerrard as an "activist" judge. Sessions's claim rested on a single case: the Nebraska Supreme Court's majority decision in 2007, acting on its own, to halt the execution of Carey Dean Moore by electric chair. Gerrard wrote the majority opinion.

That ruling was a pragmatic, justifiable decision, because the justices knew they would shortly decide on the constitutionality of the electric chair. And they indeed ruled it unconstitutional.

Midlanders should be well served by the selection of a competent, dedicated jurist such as John Gerrard to serve on the federal bench.

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