Brian Buescher

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Brian Buescher
Image of Brian Buescher

Nonpartisan

United States District Court for the District of Nebraska
Tenure

2019 - Present

Years in position

5

Education

Bachelor's

University of Nebraska, 1997

Law

Georgetown University Law Center, 2000

Personal
Birthplace
Beatrice, Neb.
Profession
Attorney


Brian C. Buescher is a judge on the United States District Court for the District of Nebraska. He was nominated to the court by President Donald Trump (R) on November 13, 2018, and confirmed by the United States Senate on July 24, 2019, by a vote of 51-40.[1][2] He received commission on August 6, 2019. To see a full list of judges appointed by Donald Trump, click here.

The United States District Court for the District of Nebraska is one of 94 U.S. district courts. They are the general trial courts of the United States federal courts. To learn more about the court, click here.

Buescher was a partner in the Omaha, Nebraska, office of Kutak Rock LLP from 2007 to 2019.[3]

Buescher was an at-large delegate to the 2016 Republican National Convention from Nebraska. Buescher was a Republican candidate for Nebraska Attorney General in the 2014 elections.[4]

Judicial nominations and appointments

United States District Court for the District of Nebraska

See also: Federal judges nominated by Donald Trump

On October 10, 2018, President Donald Trump (R) announced his intent to nominate Buescher to a seat on the United States District Court for the District of Nebraska.[5] The U.S. Senate received the nomination November 13, 2018.[1] the United States Senate confirmed Buescher on July 24, 2019, by a vote of 51-40.[2] To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Brian C. Buescher
Court: United States District Court for the District of Nebraska
Progress
Confirmed 253 days after nomination.
ApprovedANominated: November 13, 2018
ApprovedAABA Rating: Substantial Majority Qualified/Minority Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: November 28, 2018
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: February 7, 2019 
ApprovedAConfirmed: July 24, 2019
ApprovedAVote: 51-40


Confirmation vote

The U.S. Senate confirmed Buescher on July 24, 2019, on a vote of 51-40.[2] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Buescher confirmation vote (July 24, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 0 39 6
Ends.png Republican 51 0 2
Grey.png Independent 0 1 1
Total 51 40 9
Change in Senate rules
See also:
Filibuster and reconciliation in the United States Congress
Federal judges nominated by Donald Trump
United States federal courts

Buescher was confirmed to a U.S. District Court under a new precedent the Senate established.

On April 3, 2019, the U.S. Senate voted 51-48 in favor of a change to chamber precedent lowering the maximum time allowed for debate on executive nominees to posts below the Cabinet level and on nominees to district court judgeships from 30 hours after invoking cloture to two.[6]

The change was passed under a procedure, often referred to as the nuclear option, that requires 51 votes rather than 60.[7]

It was the third use of the nuclear option in Senate history. In 2013, it was used to eliminate the 60-vote threshold to confirm presidential nominees, except those to the Supreme Court. In 2017, it was used to eliminate the 60-vote threshold required to confirm Supreme Court nominees.[8] For more, see Filibuster and reconciliation in the United States Congress.


Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Buescher's nomination on November 28, 2018.[9]

The Senate Judiciary Committee favorably reported Buescher's nomination on February 7, 2019.[10] Click here to see how the committee voted. Buescher's nomination was one of 44 that Sen. Lindsey Graham (R-S.C.) reported that day.


Nomination

Buescher was nominated to succeed Judge Laurie Smith Camp, who assumed senior status on December 1, 2018.[2]

At the sine die adjournment of the 115th Congress on January 3, 2019, the Senate returned Buescher's nomination to President Trump.[11] Buescher was one of 51 individuals the president re-nominated on January 23, 2019.[12]

The American Bar Association rated Buescher qualified by a substantial majority and well qualified by a minority for the position.[13]

Education

Buescher obtained a B.A., with honors and high distinction, in political science and economics from the University of Nebraska in 1997. He earned a J.D. from the Georgetown University Law Center in 2000. During his legal studies, he served as editor-in-chief of The Georgetown Journal of Legal Ethics.[14][3]

Professional career

About the court

District of Nebraska
Eighth Circuit
District of Nebraska-seal.png
Judgeships
Posts: 3
Judges: 3
Vacancies: 0
Judges
Chief: Robert F. Rossiter, Jr.
Active judges:
Susan Bazis, Brian Buescher, Robert F. Rossiter Jr.

Senior judges:
Joseph Bataillon, John Gerrard, Richard Kopf


The United States District Court for the District of Nebraska is one of 94 United States district courts. The main courthouse is located in Omaha, with other locations in Lincoln and North Platte. When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Eighth Circuit, based in downtown St. Louis, Missouri, at the Thomas F. Eagleton Federal Courthouse and Building.

The Counties of the District of Nebraska (click for larger map)

The District of Nebraska has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The jurisdiction of the District of Nebraska consists of all the counties in the state of Nebraska.

The main courthouse is located in Omaha, with other locations in Lincoln and North Platte.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


Elections

2014

See also: Nebraska attorney general election, 2014

Buescher ran for election to the office of Nebraska Attorney General.[4] Buescher lost the Republican nomination in the primary on May 13, 2014 to candidate Doug Peterson.[15] The general election took place on November 4, 2014.

Results

Primary
Nebraska Attorney General, Republican Primary, 2014
Candidate Vote % Votes
Green check mark transparent.pngDoug Peterson 35.6% 67,578
Brian Buescher 25.5% 48,316
Mike Hilgers 22.9% 43,371
Pete Pirsch 16% 30,321
Total Votes 189,586
Election results via Nebraska Secretary of State.

Campaign finance summary

Note: The finance data shown here comes from the disclosures required of candidates and parties. Depending on the election or state, this may represent only a portion of all the funds spent on their behalf. Satellite spending groups may or may not have expended funds related to the candidate or politician on whose page you are reading this disclaimer. Campaign finance data from elections may be incomplete. For elections to federal offices, complete data can be found at the FEC website. Click here for more on federal campaign finance law and here for more on state campaign finance law.

Brian Buescher campaign contribution history
YearOfficeStatusContributionsExpenditures
2014Nebraska Attorney GeneralLost $319,362 N/A**
Grand total$319,362 N/A**
Sources: OpenSecrets,  Federal Elections Commission ***This product uses the openFEC API but is not endorsed or certified by the Federal Election Commission (FEC).
** Data on expenditures is not available for this election cycle
Note: Totals above reflect only available data.

2016 Republican National Convention

See also: Republican National Convention, 2016

Buescher was an at-large delegate to the 2016 Republican National Convention from Nebraska. All 36 delegates from Nebraska were bound by state party rules to support Donald Trump at the convention.[16] As of July 13, 2016, Trump had approximately 1,542 delegates. The winner of the Republican nomination needed the support of 1,237 delegates. Trump formally won the nomination on July 19, 2016.

Delegate rules

See also: RNC delegate guidelines from Nebraska, 2016 and Republican delegates from Nebraska, 2016

Delegates from Nebraska to the Republican National Convention were elected at a state convention in May 2016. Donald Trump won all 36 Nebraska delegates in the state primary election on May 10, 2016. Delegates from Nebraska were bound for the first two ballots at the national convention unless the candidate to whom they were pledged released them or received less than 35 percent of the vote on the first ballot.

Nebraska primary results

See also: Presidential election in Nebraska, 2016
Nebraska Republican Primary, 2016
Candidate Vote % Votes Delegates
Green check mark transparent.pngDonald Trump 61.5% 122,327 36
Ted Cruz 18.4% 36,703 0
John Kasich 11.4% 22,709 0
Marco Rubio 3.6% 7,233 0
Ben Carson 5% 10,016 0
Totals 198,988 36
Source: The New York Times and Nebraska Secretary of State

Delegate allocation

See also: 2016 presidential nominations: calendar and delegate rules’’
Logo-GOP.png

Nebraska had 36 delegates at the 2016 Republican National Convention. Of this total, nine were district-level delegates (three for each of the state's three congressional districts). Nebraska's district delegates were allocated on a winner-take-all basis; the plurality winner of the statewide primary vote received all of the state's district delegates.[17][18]

Of the remaining 27 delegates, 24 served at large. Nebraska's at-large delegates were allocated on a winner-take-all basis; the plurality winner of the statewide primary vote received all of the state's at-large delegates. In addition, three national party leaders (identified on the chart below as RNC delegates) served as bound delegates to the Republican National Convention. The RNC delegates were required to pledge their support to the winner of the state's primary.[17][18]

See also

External links


Footnotes

  1. ↑ 1.0 1.1 Congress.gov, "PN2586 — Brian C. Buescher — The Judiciary," accessed November 28, 2018
  2. ↑ 2.0 2.1 2.2 2.3 Congress.gov, "PN224 — Brian C. Buescher — The Judiciary," accessed July 25, 2019
  3. ↑ 3.0 3.1 3.2 Senate Judiciary Committee, "Questionnaire for judicial nominees: Brian Craig Buescher," accessed July 29, 2019
  4. ↑ 4.0 4.1 Nebraska Secretary of State, 2014 Candidate Filings," accessed February 19, 2014
  5. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named nom
  6. ↑ The Hill, "GOP triggers 'nuclear option' to speed up Trump picks," April 3, 2019
  7. ↑ Axios, "Senate GOP invokes 'nuclear option' to speed up confirmations of Trump nominees," April 3, 2019
  8. ↑ NBC News, "McConnell to use 'nuclear option' to confirm lower-level nominees," April 2, 2019
  9. ↑ Committee on the Judiciary, "Nominations," November 28, 2018
  10. ↑ U.S. Senate Judiciary Committee, "Results of Executive Business Meeting," February 7, 2019
  11. ↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
  12. ↑ WhiteHouse.gov, "Nominations Sent to the Senate," January 23, 2019
  13. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed November 28, 2018
  14. ↑ Kutak Rock, "Brian C. Buescher," accessed October 11, 2018
  15. ↑ Nebraska Secretary of State, "Election Night Results," May 13, 2014
  16. ↑ Lincoln Journal Star, "Nebraska GOP selects convention delegates," May 19, 2016
  17. ↑ 17.0 17.1 Republican National Committee, "2016 Presidential Nominating Process," accessed October 6, 2015
  18. ↑ 18.0 18.1 CNN.com, "Republican National Convention roll call vote," accessed July 20, 2016

Political offices
Preceded by
- 		United States District Court for the District of Nebraska
2019-Present		 Succeeded by
-


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State resources:

Courts in Nebraska • Nebraska judicial elections • Judicial selection in Nebraska

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