Sen. Jeff Sessions (R-Nev.) led the Republican opposition to the judge stating Gerrard was a good man but had shown signs of holding allegiance to his personal view on the death penalty over the law during his years as a member of the Nebraska Supreme Court.
“I will vote against that nomination reluctantly, and I really don’t want to in one sense, but his nomination raises an important issue about the duty of a judge to be faithful to the law and to commit to serve under the law and under the Constitution,” said Sessions, who is the ranking member of the Senate Judiciary Committee.
Sessions went on to suggest that Gerrard had shown an “activist tendency” allowing his personal opposition to the death penalty to affect his interpretation of Nebraska’s capital punishment laws.
“I would not oppose him if he personally opposes the death penalty, that’s fine, but as a judge, he’s required to carry it out in an effective way,” he said.
Both of Nebraska’s senators, Ben Nelson (D) and Mike Johanns (R), defended the judge, however, claiming Gerrard had proven to his dedication to the rule of law.
“In all cases, I have supported candidates for the judiciary who convinced me they would follow the law, and would not manipulate it to promote a personal or activist agenda,” said Nelson, speaking from the Senate floor on Monday. “[I] am convinced he would not allow personal beliefs to interfere with his judicial duties, nor would he bring an activist agenda to the federal bench.”