LINCOLN — The Nebraska Supreme Court has ordered a second round of oral arguments in the case of a Nebraska State Patrol trooper who was fired for joining a group affiliated with the Ku Klux Klan.

Advertisement

Tips for Hiring a Painting Contractor
Are You Over Paying for Homeowners Insurance?

In its order, the court told attorneys in the case of Robert E. Henderson to submit additional legal briefs by Aug. 1 and to be ready for a new hearing in September.

The court said the attorneys should address four questions in their arguments: collective bargaining agreements, constitutional rights, binding arbitration and legal precedent.

Henderson’s attorney, Vincent Valentino, said the court’s order is not routine but is not unprecedented. He said the four questions give little indication of the court’s leanings.

A spokeswoman for the Attorney General’s Office said only that state lawyers would provide the information the court requested.

The case began when the State Patrol fired Henderson, of Omaha, for joining the Knights Party, which describes itself as the oldest, largest and most-active Klan organization in the United States.

An internal investigation confirmed that Henderson had joined the party and posted messages to an online discussion group for party members. He said he joined as a way to vent his frustrations over his wife leaving him for a Hispanic man.

Henderson appealed his firing to an independent arbitrator in 2006, as allowed by the collective bargaining agreement covering state troopers.

The arbitrator ruled in his favor, saying that Henderson’s firing violated his First Amendment and due process rights.

Attorney General Jon Bruning appealed the arbitrator’s ruling, arguing that Nebraska’s public policy against racism should bar Henderson from being reinstated.

Lancaster County District Judge Jeffre Cheuvront upheld Henderson’s firing.

The case was heard March 4 by the State Supreme Court. At that hearing, Assistant Attorney General Thomas Stine said private citizens are free to think what they want and free to join racist groups. But he said the state has the right to set terms of employment for state troopers.

I’m not saying the termination is right–I’m not familiar enough with the facts of the case. But just from the details here, it sounds like there’s a legitimate debate to be had.