The state GOP contends Nelson, who just happens to be a Democrat, is to blame because the six judges he appointed to the court made the ruling. The only dissenter, Chief Justice Mike Heavican, was appointed by Republican Gov. Dave Heineman.

The problem with the GOP's missive is that Nelson supports the death penalty. In fact, he was governor when the state's last three executions were carried out.

If blame is to be laid, it should fall at the feet of the Legislature. For more than a decade, senators and state officials knew this day would come.

State after state dropped the electric chair, often replacing it with lethal injection as the execution method. Courts throughout the country were finding the electric chair to be cruel and unusual punishment.

In fact, Nebraska was the last state using the electric chair as its sole means of execution.

So Nebraska lawmakers had more than fair warning, but they failed to act. It was just never the priority of a governor, whether Democrat or Republican, or of senators. That may have been because they knew Sen. Ernie Chambers, an avid death penalty opponent, would do all he could to derail the measure. Last year Chambers almost accomplished his goal, as a bill to abolish the death penalty fell one vote short.

Nebraska's last execution was of Robert E. Williams in 1997. So while the state GOP and others decried the court's ruling, executions haven't taken place even under Republican governors Mike Johanns and Heineman.

Instead of playing partisan politics with the ruling, Nebraska lawmakers and the governor need to have a serious debate about the death penalty. If the state decides to keep it, they must determine what means of execution will pass a court's review, which isn't an easy discussion because even lethal injection is being challenged.

In any case, let's drop the talk of "activist judges" and instead address the real issues.