In January 2011, Ben Nelson, now serving as a United States Senator from Nebraska, recommended Gerrard to fill a judicial seat on the United States District Court for the District of Nebraska that would be vacated later that year by Judge Richard G. Kopf.
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He had the backing of Nebraska Senator Chuck Hagel, although he faced a difficult challenge in the Republican primary from former Nebraska Cornhuskers football coach and U.S. Representative Tom Osborne.