--- title: Nebraska Poised to End the Death Penalty description: Nebraska could become the first red state to repeal capital punishment since 1973 thanks to conservative lawmakers. canonical: https://time.com/3891199/nebraska-death-penalty/ author: Alex Altman article:opinion: false article:content_tier: free article:published_time: 2015-05-20T20:46:01.000Z article:modified_time: 2026-08-04T07:59:11.669Z article:section: Politics og:title: Why This Red State Is Poised to End the Death Penalty og:description: It could become the first red state to end capital punishment since 1973. og:url: https://time.com/3891199/nebraska-death-penalty/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blte4c7ecdcf563cfe8/698850eb0b72e3d80c6e4172/nebraska-governor-prison.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 2560 og:image:height: 1440 og:image:alt: Nebraska Gov. Pete Ricketts is seen through bars during a tour of the Tecumseh State Correctional Institution in Tecumseh, Neb., on May 19, 2015. og:type: article twitter:card: summary_large_image twitter:title: Why This Red State Is Poised to End the Death Penalty twitter:description: It could become the first red state to end capital punishment since 1973. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blte4c7ecdcf563cfe8/698850eb0b72e3d80c6e4172/nebraska-governor-prison.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # Why This Red State Is Poised to End the Death Penalty > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=f3547ff2-a794-4d88-bf36-8a59278cd37e&cr=time-nl-dcbrief-2026q3-v1) ## Video: The Brief: Why America Could Change How It Puts People To Death [Watch (HLS stream): The Brief: Why America Could Change How It Puts People To Death](https://cdn.jwplayer.com/manifests/KnNqPP7h.m3u8) (1:55)  _Published 2015-01-30. A new US Supreme Court case could mean a change in the chemicals that prisons use for lethal injections._  by [Alex Altman](https://time.com/author/alex-altman/)  ## Alex Altman Altman is the executive features editor and deputy Washington bureau chief at TIME. May 20, 2015 8:46 PM UTC  Nebraska Gov. Pete Ricketts is seen through bars during a tour of the Tecumseh State Correctional Institution in Tecumseh, Neb., on May 19, 2015. Nebraska Gov. Pete Ricketts is seen through bars during a tour of the Tecumseh State Correctional Institution in Tecumseh, Neb., on May 19, 2015. Nati Harnik—AP  by [Alex Altman](https://time.com/author/alex-altman/)  ## Alex Altman Altman is the executive features editor and deputy Washington bureau chief at TIME. May 20, 2015 8:46 PM UTC As a college student in the mid-1990s, Colby Coash attended an execution at the Nebraska State Penitentiary in Lincoln. Two groups gathered to bear witness. On one side were death-penalty opponents, who prayed quietly. On the other side, the atmosphere was festive. “It was like a tailgate party,” Coash recalls, replete with a band and barbecue, and locals banging on pots and pans. As the minutes ticked toward midnight and the condemned was strapped into the electric chair, the crowd drank beer and counted down “like it was New Year’s Eve,” says Coash, who supported the death penalty at the time. “Later, it didn’t feel right. I didn’t like how it felt to be a part of the celebration of somebody’s death.” Coash now serves in Lincoln as a state senator, and on Wednesday he was among a cadre of conservatives who voted to abolish the death penalty in Nebraska. If the measure becomes law, Nebraska would become the first red state to ban capital punishment since North Dakota in 1973. Gov. Pete Ricketts, a Republican who supports the death penalty, has threatened to veto the bill. But Wednesday’s 32-15 margin in the Nebraska legislature indicates supporters have the votes to override such a move. Ricketts has five days to sign or veto the measure before it automatically becomes law. The landmark vote was a reflection of the shifting politics of criminal justice. For decades, law-and-order conservatives have been staunch proponents of capital punishment. But in recent years, a growing number of Republicans have begun to oppose the death penalty, arguing it violates the central tenets of conservatism. “It does things that are cardinal sins for conservatives,” says Marc Hyden, a former NRA staffer from Georgia who serves as coordinator of a national group called Conservatives Concerned About the Death Penalty. “It risks innocent life. It wastes taxpayer money when there’s cheaper alternatives, and fails to be representative of a limited government—while it meanwhile fails to deter crime.” Overall, Americans’ support for the death penalty is relatively stable, according to a 2015 Gallup poll that found 63% of respondents favored capital punishment for convicted murderers. But among conservatives, support for the practice appears to be dropping, though it remains high. In 2014, Gallup [found](http://www.gallup.com/poll/178790/americans-support-death-penalty-stable.aspx?utm%5Fsource=position4&utm%5Fmedium=related&utm%5Fcampaign=tiles) that 76% of Republicans supported the death penalty, down from 81% the year before. Says Hyden: “It’s just a broken government program that conservatives are speaking out against in greater numbers nationally.” [Eighteen states have banned the death penalty](http://www.ncsl.org/research/civil-and-criminal-justice/death-penalty.aspx), mostly in the Northeast and Upper Midwest. Nebraska might seem an unlikely candidate to join them. The state is a conservative stronghold, and while its unicameral legislature is officially nonpartisan, 36 of its 49 seats are held by Republicans. But the Cornhusker State has been down this road before. In 1979, a bill banning capital punishment passed the legislature before it was vetoed by the governor. Though Nebraska has 11 inmates on death row, no one has been executed in the state since 1997\. In 2013 some observers believed there were enough votes to pass such a measure, though not enough to override a veto. The current legislature had voted twice already to abolish the death penalty. In preparation for the push, opponents of the death penalty lobbied lawmakers extensively, circulating studies that show the practice is ineffective as a deterrent to crime and enlisting the family members of murder victims to testify about how the endless appeals process compounded their grief. Stacy Anderson, a conservative Christian and former Republican operative who directs a group called Nebraskans for Alternatives to the Death Penalty, said the unique nature of the state legislature—the only nonpartisan, unicameral legislature in the U.S.—helped break down traditional partisan lines. “It’s a very cordial, small body,” Anderson says. “They engage the issues far beyond the regular political rhetoric.” Some conservatives originally ducked meetings on the topic, Anderson added. Over time, a number came to change their minds. “They learned how much it cost, the risk of executing innocents, how it didn’t align with pro-life values,” she says. Death penalty opponents hope Nebraska’s vote will be the beginning of a trend. A push to abolish capital punishment in conservative Montana fell [one vote short ](http://www.msnbc.com/msnbc/death-penalty-montana-vote)earlier this year. Anti-death penalty legislation has also been introduced in Kansas. Before the vote Wednesday, Ricketts released a statement urging lawmakers to listen to their constituents. “No one has traveled the state more than I have in the past 18 months, and everywhere I go there is overwhelming support for keeping the death penalty in Nebraska,” he said, calling a vote to abolish the death penalty a vote to “give our state’s most heinous criminals more lenient sentences. This isn’t rhetoric. This is reality.” For Coash, that’s precisely the point. “People sent me here to Lincoln to find and root out government waste,” he says. In addition to the expense, he came to believe that the protracted appeals process prevented the families of victims from achieving closure. “Justice delayed is justice denied,” he says. And “I’m a pro-life guy. I couldn’t reconcile my pro-life beliefs regarding the unborn with doing something different with the condemned.” ## Transcript [ MUSIC ] The new Supreme Court case could wind up changing how America puts people to death. I'm Ben Goldburger and this is your brief. The court agreed to hear the case of three death row inmates in Oklahoma who say the drugs that will be used to kill them amount to cruel and unusual punishment. A the center of the debate is the chemical, Midazolam, which is used to sedate inmates before they experience paralysis and eventually cardiac arrest. But some doctor's say the drug does not properly induce sedation. If true, that means inmates risk being conscious during their execution. Midazolam has been blamed for a botched execution last year in Oklahoma, where the convicted murderer, Clayton Lockett, writhed on the gurney for more than 40 minutes after the lethal injection process had begun. The whole thing was only supposed to have lasted around ten minutes. The drug was also used in two prolonged executions last year in Arizona and Ohio. So why do prisons use Midazolam? Well, starting in 2008, drug manufacturers made it nearly impossible for states to use their products in lethal injections, following pressure from death penalty opponents, which means states have been scrambling for new and in many cases, untested combinations of drugs. Lockett's ordeal was enough to convince the Supreme Court to at least consider the possibility that these drugs could cause intense suffering. And that would violate the Eighth Amendment, which bars cruel and unusual punishment. For now, the Supreme Court has stayed the executions of the three inmates. And they're expected to hear arguments in their case in the spring. 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