On September 4, the Nebraska Supreme Court refused to invalidate the medical marijuana initiative passed by the voters in 2024. Kuehn v Evnen, S24-901. Certain state officials had tried to invalidate the law on the theory that the initiative did not have enough valid signatures. Here is the opinion.

It is quite unusual for the voters to pass an initiative and then, long after the election, someone tries to show that the initiative should never have been on the ballot. In this case, theplaintiffs (who include the Secretary of State, even though he was also the defendant) argued that some of the notaries public authenticated petition sheets even though the circulator did not actually appear in front of that notary. Also the plaintiffs pointed out that when this had been investigated, some of the notaries public pleaded the Fifth Amendment. The plaintiffs wanted to invalidate all the petition sheets that those particular notaries had worked on, but the Supreme Court agreed with the lower court that it is wrong to invalidate all the sheets.