{{Short description|American judge (born 1975)}} {{Use mdy dates|date=October 2018}} {{Infobox judge | name = Brian C. Buescher | image = Brian C Buescher (cropped).jpg | office = Judge of the United States District Court for the District of Nebraska | term_start = August 6, 2019 | term_end = | appointer = Donald Trump | predecessor = Laurie Smith Camp | successor = | birth_name = | birth_date = {{Birth year and age|1975|}} | birth_place = Beatrice, Nebraska, U.S. | death_date = | death_place = | education = University of Nebraska–Lincoln (BA)<br>Georgetown University (JD) | party = Republican }}
'''Brian Craig Buescher''' (born 1975) is a United States district judge of the United States District Court for the District of Nebraska.
== Early life and education ==
Buescher was born in 1975, in Beatrice, Nebraska and was raised on a farm near Deweese, Nebraska.<ref name="auto">{{Cite web|url=https://www.ned.uscourts.gov/public/judicial-archive/buescher-b-c|title=Buescher, Brian C. {{!}} District of Nebraska {{!}} United States District Court|website=www.ned.uscourts.gov|access-date=2020-03-28}}</ref> He graduated valedictorian from Sandy Creek High School near Fairfield, Nebraska in 1993.<ref name="auto"/> He received his Bachelor of Arts with honors and high distinction in economics and political science from the University of Nebraska–Lincoln in 1997.<ref name="auto"/> At UNL, Buescher graduated Phi Beta Kappa and as a Chancellor's Scholar, earning a cumulative 4.0 grade point average.<ref name="auto"/> He also served as president of the University of Nebraska Chancellor's Senior Honorary, the Society of Innocents.<ref name="auto"/> Buescher received his Juris Doctor from the Georgetown University Law Center in 2000.<ref name="WHBio">{{cite web |url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-eighteenth-wave-judicial-nominees-eighteenth-wave-united-states-attorney-nominees-thirteenth-wave-united-states-marshal-nominees/ |title=President Donald J. Trump Announces Eighteenth Wave of Judicial Nominees, Eighteenth Wave of United States Attorney Nominees, and Thirteenth Wave of United States Marshal Nominees |last= |first= |date=October 10, 2018 |access-date=October 10, 2018 |via=National Archives |work=whitehouse.gov |quote=}} {{PD-notice}}</ref> At Georgetown Law, Buescher served as Editor-in-Chief of ''The Georgetown Journal of Legal Ethics,'' Vice President of the Georgetown University Law Center Student Bar Association, and he received the St. Thomas More Award for his outstanding publication in legal ethics.<ref name="auto"/>
== Career ==
After graduating from law school, Buescher joined the Omaha, Nebraska office of Kutak Rock LLP as an associate. He became a partner in 2007. At Kutak Rock, he led the firm's agribusiness litigation practice, with extensive experience in agribusiness, environmental, food law, real estate, product liability, class action, banking, and insurance litigation matters. Buescher served as the Chair of both the Nebraska Bar Association's Agricultural and Environmental Law Sections. In 2004, Buescher served as a prosecutor for Douglas County and Omaha while still working at Kutak Rock.<ref name="WHBio" /> He received the Excellence in Agricultural Law Award for private practice from the American Agricultural Law Association in 2017.<ref name="auto"/> He left Kutak Rock in 2019 after being appointed and confirmed as a federal judge.
In 2014, Buescher unsuccessfully ran in the Republican primary for Attorney General of Nebraska.<ref name="WHBio" />
=== Federal judicial service ===
On October 10, 2018, President Donald Trump announced his intent to nominate Buescher to serve as a United States district judge of the United States District Court for the District of Nebraska. On November 13, 2018, his nomination was sent to the Senate. President Trump nominated Buescher to the seat vacated by Judge Laurie Smith Camp, who assumed senior status on December 1, 2018.<ref>{{Cite web|url=https://trumpwhitehouse.archives.gov/presidential-actions/twenty-six-nominations-sent-senate/|via=National Archives|work=whitehouse.gov|title=Twenty Six Nominations Sent to the Senate}}</ref>
On November 28, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.<ref>{{Cite web|url=https://www.judiciary.senate.gov/meetings/11/28/2018/nominations|title=Nominations | United States Senate Committee on the Judiciary|website=www.judiciary.senate.gov|date=November 28, 2018 }}</ref> During or after the hearing in written questions, Sens. Kamala Harris and Mazie Hirono questioned Buescher about his membership in the Knights of Columbus, a fraternal Catholic charitable organization, which they alleged has "taken a number of extreme positions." The senators were then criticized by Sen. Orrin Hatch and others for allegedly "imposing religious tests on Federal judicial nominees," a potential violation of Article VI of the U.S. Constitution.<ref>{{Cite web|url=https://apnews.com/003d11bf795de6bcfbb5a6ada435944a|title=Kamala Harris, Mazie Hirono target Brian Buescher Knights of Columbus membership|date=December 30, 2018|website=AP NEWS}}</ref> Writing in the Los Angeles Times, Rabbi Mitchell Rocklin said that the senators approach amounted to a "religious test" such as is precluded by Article VI of the Constitution. Rocklin said: "The line of questioning Buescher faced about his affiliation with the Knights of Columbus sets a troubling precedent of intolerance—one that is unconscionable in principle and terrible in practice for people of all faiths who seek a role in public service. ...For centuries, many Jews have suffered a similar 'dual loyalty' smear: the anti-Semitic lie that, faced with a choice between country and religion, a Jewish public official will put his faith before his country."<ref name="Rocklin"/> Rocklin noted the anti-Semitism experienced by Justices Louis Brandeis and Benjamin N. Cardozo, and further state, "It is even more absurd for senators to imply that a judge, who cannot propose or enact legislation, would be incapable of setting aside his religious beliefs when interpreting our written laws. ...If sitting lawmakers are allowed to make such assumptions of Catholic nominees, religious minorities could very well be next."<ref name=Rocklin>{{cite news| url = https://www.latimes.com/opinion/op-ed/la-oe-rocklin-brian-buescher-20190116-story.html |last = Rocklin |first = Mitchell | title = Keep religious tests out of the Senate | newspaper = Los Angeles Times' | date = January 16, 2019}}</ref>
On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, Trump announced his intent to renominate Buescher for a federal judgeship.<ref>{{Cite web|url=https://trumpwhitehouse.archives.gov/presidential-actions/president-donald-j-trump-announces-intent-nominate-judicial-nominees/|via=National Archives|work=whitehouse.gov|title=President Donald J. Trump Announces Intent to Nominate Judicial Nominees}}</ref> His nomination was sent to the Senate later that day.<ref>{{Cite web|url=https://trumpwhitehouse.archives.gov/presidential-actions/nominations-sent-senate-2/|via=National Archives|work=whitehouse.gov|title=Nominations Sent to the Senate}}</ref> On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.<ref>{{Cite web|url=https://www.judiciary.senate.gov/imo/media/doc/02.07.2019%20Results%20of%20Executive%20Business%20Meeting1.pdf|title=Results of Executive Business Meeting – February 7, 2019, Senate Judiciary Committee}}</ref> On July 24, 2019, the Senate invoked cloture on his nomination by a 52–39 vote.<ref>{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00227|title=On the Cloture Motion (Motion to Invoke Cloture: Brian C. Buescher to be U.S. District Judge for the District of Nebraska)|website=www.senate.gov}}</ref> Later that day, his nomination was confirmed by a 51–40 vote.<ref>{{Cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00229|title=On the Nomination (Confirmation: Brian C. Buescher, of Nebraska, to be U.S. District Judge for the District of Nebraska)|website=www.senate.gov}}</ref> He received his judicial commission on August 6, 2019.<ref>{{FJC Bio|nid=6801616|inline=yes}}</ref>
During his time on the bench, Judge Buescher has been appointed by the Chief Justice as one of fourteen federal judges on the Judicial Conference of the United States Committee on Information Technology.<ref>https://www.ned.uscourts.gov/attorney/judges-information/brian-c-buescher</ref> Judge Buescher has also been appointed to serve on the Federal Courts Online System for Clerkship Application and Review (OSCAR) Working Group, and the Information Technology Security Awareness Working Group.<ref>https://www.ned.uscourts.gov/attorney/judges-information/brian-c-buescher</ref> In the District of Nebraska, Judge Buescher has served many roles, including judicial liaison to the District of Nebraska Federal Practice Committee.<ref>https://www.ned.uscourts.gov/attorney/judges-information/brian-c-buescher</ref> Judge Buescher has also served as adjunct professor of law for Creighton University School of Law, teaching Federal Courts and Agricultural Law. <ref>https://www.ned.uscourts.gov/attorney/judges-information/brian-c-buescher</ref>
== Electoral history == ;2009 {{Election box begin no change | title = Omaha City Council — 3rd District Primary — April 7, 2009<ref>{{cite web|url=http://www.votedouglascounty.com/elections/2009/Primary/SP09ResultsSummary2009-04-07.htm|title=Official Report – Primary Election – April 7, 2009|date=April 17, 2009|website=|publisher=Douglas County, Nebraska|access-date=July 21, 2019}}</ref> }} {{Election box winning candidate with party link no change | party = Nonpartisan politician | candidate = Chris Jerram | votes = 1,402 | percentage = 23.41% }} {{Election box winning candidate with party link no change | party = Nonpartisan politician | candidate = Chip Maxwell | votes = 1,373 | percentage = 22.93% }} {{Election box candidate with party link no change | party = Nonpartisan politician | candidate = Brian C. Buescher | votes = 1,276 | percentage = 21.31% }} {{Election box candidate with party link no change | party = Nonpartisan politician | candidate = Crystal Rhoades | votes = 1,198 | percentage = 20.01% }} {{Election box candidate with party link no change | party = Nonpartisan politician | candidate = Jim Farho | votes = 570 | percentage = 9.52% }} {{Election box candidate with party link no change | party = Nonpartisan politician | candidate = Steve Cross | votes = 145 | percentage = 2.42% }} {{Election box candidate with party link no change | party = Nonpartisan politician | candidate = Write-ins | votes = 24 | percentage = 0.40% }} {{Election box total no change | votes = 5,988 | percentage = 100.00% }} {{Election box runoff no change}} {{Election box end}}
;2014 {{Election box begin no change | title = Nebraska Attorney General Republican Primary, May 13, 2014<ref>{{cite web|url=http://www.sos.ne.gov/elec/2014/pdf/2014-Final-Canvas-PR14-After-6-11-14-Recount.pdf|title=Official Report – Primary Election – May 13, 2014|website=Office of the Secretary of State of Nebraska|publisher=Government of Nebraska|access-date=October 26, 2018|archive-date=November 8, 2018|archive-url=https://web.archive.org/web/20181108000222/http://www.sos.ne.gov/elec/2014/pdf/2014-Final-Canvas-PR14-After-6-11-14-Recount.pdf|url-status=dead}}</ref> }} {{Election box winning candidate with party link no change | party = Republican Party (United States) | candidate = Doug Peterson | votes = 67,578 | percentage = 35.65% }} {{Election box candidate with party link no change | party = Republican Party (United States) | candidate = Brian C. Buescher | votes = 48,316 | percentage = 25.49% }} {{Election box candidate with party link no change | party = Republican Party (United States) | candidate = Mike Hilgers | votes = 43,371 | percentage = 22.88% }} {{Election box candidate with party link no change | party = Republican Party (United States) | candidate = Pete Pirsch | votes = 30,321 | percentage = 15.99% }} {{Election box plurality no change | votes = 19,262 | percentage = 10.16% }} {{Election box total no change | votes = 189,586 | percentage = 100.00% }} {{Election box end}}
== References == {{Reflist}}
== External links == * {{FJC Bio|nid=6801616}} * {{Ballotpedia|Brian_Buescher|Brian C. Buescher}}
{{s-start}} {{s-legal}} {{s-bef|before=Laurie Smith Camp}} {{s-ttl|title={{nowrap|Judge of the United States District Court for the District of Nebraska}}|years=2019–present}} {{s-inc}} {{s-end}} {{United States 8th Circuit district judges}}
{{Authority control}}
{{DEFAULTSORT:Buescher, Brian C.}} Category:1975 births Category:Living people Category:20th-century American lawyers Category:21st-century American lawyers Category:Candidates in the 2014 United States elections Category:Georgetown University Law Center alumni Category:Judges of the United States District Court for the District of Nebraska Category:Nebraska lawyers Category:Nebraska Republicans Category:People from Beatrice, Nebraska Category:United States district court judges appointed by Donald Trump Category:University of Nebraska–Lincoln alumni