This article is the second in a series exploring the death penalty, following up on our previous overview of its status both nationally and internationally. In this piece, we’ll focus on the current discussions and legislative actions surrounding the death penalty in Nebraska. As the state grapples with this controversial issue, key developments in the legislature are shaping the future of capital punishment within its borders.
Greetings to all Nebraskans who yearn for peace and human dignity in our great state and beyond!
The baleful stain of capital punishment, an ineffective holdover from a more barbaric era of human history, continues to be a power our state government claims for itself by statute. Fortunately, Nebraska’s death penalty exists in a sort of “legal limbo” at the moment, as the state is unable to obtain the lethal injection supplies it needs for its only legal method of carrying out executions—though efforts are being made in the halls of power to put more options on the table.
Sen. Loren Lippincott (LD38) of Central City has reintroduced legislation (LB432) that would allow the state another option for carrying out executions: strapping down the condemned, affixing an airtight mask upon their face, and pumping pure nitrogen gas into the mask until they suffocate for lack of oxygen. In an attempt to make the process seem more clinical and less like a premeditated strangling, proponents of this method call it “nitrogen hypoxia.” This method of killing is already on the books in several states (Alabama, Louisiana, Mississippi, and Oklahoma), though only Alabama has put it to use thus far.
Our organization, Nebraskans for Alternatives to the Death Penalty, mobilized opposition to this bill and brought numerous testifiers to speak against it at its January 31 hearing before the Judiciary Committee of the Legislature, including testimony from representatives of NADP, ACLU Nebraska, the Nebraska Criminal Defense Attorneys Association, and the Nebraska Catholic Conference. There were 78 online comments submitted in opposition, and only ten in favor. Nobody offered in-person testimony in favor of the bill!
Most of Sen. Lippincott’s comments during his opening and closing rested on his experience during a pilot training exercise in which pure nitrogen gas was pumped into his flight helmet to simulate the lethargic sensation of flying without cabin pressure at low-oxygen altitudes. However, those participating in the exercise surely knew they were in no danger—whereas those strapped to a gurney and surrounded by a team of killers must certainly experience it differently! Sen. Lippincott also referenced a scene from a movie.
Identical legislation introduced by Sen. Lippincott in the previous legislative session failed to advance out of committee and was never considered further. We at NADP hope very much that this shameful bill suffers the same fate, but if the committee should vote in favor of advancing the bill we do know it would at least face a filibuster during floor debate.
Also reintroduced in this session was a measure brought by Sen. Terrell McKinney (LD11) of North Omaha. As written, LR15CA aims to place a question on the 2026 general election ballot that would ask voters whether the state constitution should be amended to prohibit the death penalty. During the same January 31 hearing, LR15CA drew a wide variety of strong testimony in support and no opposition! Proponents expressed a wide variety of reasons why the death penalty has no place in our society, and online comments submitted also skewed heavily in favor of the bill—92 in support, with only 14 in opposition.
As of this writing, it has been over a month since the hearing, and neither bill has received a committee vote yet. Although we would love to see LR15CA advance to the floor for thoughtful debate by the legislative body at large, we are hopeful that the Judiciary Committee also abandons LB432. After all, the status quo in our state may not be ideal, but it has now been over six years since our last execution—and unless LB432 passes into law, the state will continue to find it difficult to kill again.
Those two bills are our primary concern so far this session, but there are two other bills we are supporting that are scheduled for hearings before the Judiciary Committee on March 14. Also introduced by Sen. McKinney, the purpose of LB44 is to extend the window that a young adult inmate is eligible for postconviction relief to one year after their 21st birthday. Sen. George Dungan (LD26) of northeast Lincoln introduced LB448, which provides additional new legal avenues for convicted inmates to pursue claims of actual innocence. If passed, either of these bills could help a defendant avoid the death penalty under certain circumstances. Online comments may be submitted for consideration until 8:00am on the morning of the 14th.
To receive updates on these bills, feel free to head over to our website at nadp.net to sign up for our email list, and consider adding us on your chosen social media platforms. To offer more direct support for this difficult work, we would be grateful if you would consider becoming a donor—our 501(c)4 in particular is what allows us to take official positions on specific legislation. Finally, if you feel compelled to serve, interest in joining our Board of Directors can be expressed via info@nadp.net.
With gratitude to all Nebraskans for Peace,
Alex M. Houchin, Community Development Coordinator
Nebraskans for Alternatives to the Death Penalty
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