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Home » Buescher Takes Oath of Office as Newest Federal Judge

Buescher Takes Oath of Office as Newest Federal Judge

Published by jaymi@omahadail... on Wed, 11/20/2019 - 12:00am

Eighth Circuit Court of Appeals Judge L. Steven Grasz gives the oath of office to new U.S. District Court Judge Brian C. Buescher at an investiture ceremony at Omaha’s Hruska Federal Courthouse on Friday, Nov. 15, 2019. (Photo by Scott Stewart)
By 
Scott Stewart
The Daily Record

Brian C. Buescher celebrated his recent appointment to the bench of the U.S. District Court for the District of Nebraska at an investiture ceremony last Friday at the Hruska Federal Courthouse.

Buescher’s investiture began with a ceremonial court opening by U.S. Marshal Scott Kracl of the District of Nebraska, which was followed by the presentation of colors by the Bellevue-based Monsignor Hallinan Assembly 1854 of the Knights of Columbus.

Brescher’s membership since age 18 in the Catholic fraternal organization became an issue during his Senate confirmation.

U.S. Sens. Deb Fischer and Ben Sasse offered remarks at the ceremony, and both referenced Buescher’s questioning by Democrats about his faith and his membership in Knights of Columbus.

“Religious tests for our judicial tests blatantly ignore the Constitution, and they tear the fabric of the core of our American values,” Fischer said. “Through the storm of these unjust claims, we saw Brian’s patience – did I just say that? – we saw Brian’s patience and his resolve under pressure. We witnessed his strong support for religious freedom. Nebraska, and America, saw exactly how Brian is going to use the law as his compass on the bench, not public opinion.”

Sasse added, to a round of applause: “There are a whole bunch of people on both sides of the aisle that I’m going to gently tell that the Knights of Columbus did the color guard for us here today.”

Buescher thanked the senators, and many others, for working to get past the objections so that he could receive confirmation.

“At one point in my confirmation process, someone asked me if I would be willing to resign from the Knights of Columbus if it meant my confirmation would be made easier. My response was no. If my confirmation is going to fail because of my membership in a charity organization that holds exactly the same views of my Catholic views, then so be it.” Buescher said. “Our Constitution protects the right of all of us to practice whatever faith we happen to have or don’t have. Thank you to my fellow Knights of Columbus for standing with me.”

Buescher also joked about how he rushed to the federal courthouse after President Donald J. Trump signed his commission on Aug. 6. Buescher was sworn in as a judge the next morning.

At Friday’s ceremony, Buescher’s presidential commission was read by his friend Chad W. Pekron, an attorney and member of Quattlebaum, Grooms & Tull PLLC in Little Rock, Arkansas. Eighth Circuit Court of Appeals Judge L. Steven Grasz administered Buescher’s oath of office.

Bishop Joseph Hanefeldt of the Diocese of Grand Island gave the invocation, and the Rev. John Pietramale of Our Lady of Lourdes Catholic Church offered the benediction. 

 

In addition to the senators, Nebraska Gov. Pete Ricketts offered a video message, because he was concluding a trade mission in Germany, and Omaha Mayor Jean Stothert discussed the importance of judges in American society.

“Judge Buescher will be thoughtful, understanding, thorough and wise,” Stothert said. “Today is not only for personal and professional celebration for Judge Buescher and his family, it is also a recognition of the significance of the judiciary in our society. In addition to a free and open press, an impartial and fair judiciary is among the most important vanguards of stability and freedom in our country.”

Buescher’s spot on the bench was created when Laurie Smith Camp took senior status last year. 

Smith Camp presided over Buescher’s investiture as a pinch-hitter because Chief Judge John M. Gerrard was with a jury in Lincoln after a two-week trial.

Buescher’s wife Elaine and his children – Alexander, Elizabeth, Catherine, Anna and Nicholas – helped him with the enrobing. In addition, Alexander accompanied Franklin Thompson in a performance of “The Star-Spangled Banner,” and Elizabeth played a flute arrangement of “America the Beautiful” to conclude the event.

A reception was held at the nearby Omaha Building, which houses the offices of Kutak Rock, where Buescher worked in private practice for 19 years. He led the firm’s agribusiness litigation team and represented local and national clients in commercial litigation.

“I was able to be (in) a position to be considered for this appointment because Kutak Rock allowed me to practice law at the highest level while at the same time allowing me to serve my community the way I saw fit,” Buescher said.

Buescher is a graduate of the University of Nebraska–Lincoln. He earned his J.D. at Georgetown University Law Center.

In his remarks, Buescher said he believes he has found what he was meant to do with his life.

“I want to answer that question for you,” Beuscher said. “I am going to write whatever I write because the Constitution and laws of the United States of America, as interpreted by the United States Supreme Court and the Circuit Court of Appeals, led me to the conclusion that I came to. I will follow our Constitution and our laws whether I personally like the results or not. Whether the people involved are rich or poor. Whether they are religious or not. That is my commitment to you, my fellow citizens. That is the commitment I make to my country.”

Related Photo Gallery / Video: 
Judge Buescher Investiture

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