LINCOLN, Neb. – This morning, the Nebraska Supreme Court released a decision in State ex rel. Hilgers v Evnen, a lawsuit concerning the constitutionality of provisions of criminal legal reform that the Nebraska Legislature enacted in 2023. Justices upheld the constitutionality of the challenged retroactive application of parole eligibility provisions and reversed an earlier district court decision.
Journalists covering the opinion are welcome to use this statement from ACLU of Nebraska Staff Attorney Jane Seu:
“Today, the Nebraska Supreme Court affirmed state senators’ authority to enact long overdue smart justice reforms,” Seu said. “The Court rejected Attorney General Hilgers’ argument that key provisions of LB 50 could not apply to people already serving a sentence. As a result, people in our prisons will be able to benefit from earlier parole eligibility as our lawmakers intended. Considering Nebraska’s ongoing prison overcrowding crisis and the value of meaningful rehabilitation, this is a win for all Nebraskans.”