State Ex Rel. Spire v. Conway

I respectfully dissent from the majority opinion because I believe that the court has gone beyond the issues as defined by the parties in this original action.

The issue before the court was “[w]hether an individual who teaches at a state college and who also serves in the Nebraska Legislature exercises the powers of both the executive and the legislative branches of state government in contravention of Article II Section 1 of the Nebraska Constitution.” Brief for *790relator at 1. Put another way, “[t]his is an original action in which the Attorney General seeks to determine whether the…