Supremes decline to automatically follow Fed Circs on ERISA and Lawrence case

The Nebraska Supreme Court today twice discussed whether it must accept federal appeals courts' rulings on federal law as binding on them and rules that it need only follow explicit US Supreme Court precedent, the US Constitution and US Code. Strong v. Omaha Constr. Indus. Pension Plan, 270 Neb. 1 June 24, 2005. No. S-03-1403. holds that the Nebraska Supreme Court will adopt the "waiver" rule to determine that a divorced spouse could not claim death benefits from a former spouse's ERISA controlled death benefit policy because she had waived her claim to any pension beneifts through the divorce decree. 29 U.S.C. § 1104(a)(1)(D) which purports to require a plan administrator to pay whoever was a listed beneficiary did not override an explicit waiver of benefits in a divorce decree, following a majority of circuit courts in the United States. Quoting Justice Thomas concurring opinion in Lockhart v. Fretwell, 506 U.S. 364, 113 S. Ct. 838, 122 L. Ed. 2d 180 (1993)"neither federal supremacy nor any other principle of federal law requires that a state court’s interpretation of federal law give way to a (lower) federal court’s interpretation"

State v. Senters, 270 Neb. 19 June 24, 2005. No. S-03-945. the Supremes upheld the defendant's conviction for videotaping consensual sex with a 17 year old teenager in violation of § 28-1463.03(1).despite his desperate attempt to raise Lawrence v Texas as a defense to the conviction. Lawrence v. Texas, 539 U.S. 558, 123 S. Ct. 2472, 156 L. Ed. 2d 508 (2003) Under § 28-319(1)(c), the female student was legally capable of consenting to the sex act which they videotaped. The supremes ruled they are not bound to follow Eighth Circuit precedent on federal questions but still found the 8th cir case U.S. v. Bach, 400 F.3d 622 (8th Cir. 2005) persuasive that the comparable federal child porn law did not limit protected to children to those under the age of consent which the supreme court today determines is stil the province of the states subject only to "rational basis" review.