LINCOLN- Earlier this month, Nebraska AG Mike Hilgers' Office filed paperwork to challenge certain aspects of LB50, a wide-ranging criminal justice bill passed this year by the Legislature, but was denied by the Nebraska Supreme Court. Hilgers argued that only the State Board of Pardons can commute or reduce a prison sentence, and that the now-passed LB50 unconstitutionally allowed the Legislature to do that for elderly inmates who had served at least 80% of their sentence.

Several state lawyers have also expressed concern over the legality and constitutionality of the new law, with the Nebraska Department of Corrections echoing many of their sentiments. However, Hilgers' challenge of the law was denied by the Nebraska Supreme Court. A spokeswoman from the AG's Office said she was "not surprised" that the Supreme Court had declined to take up the issue, since it hadn't first gone through the state's lower courts.

"It just means we'll start this case in district court instead of the Supreme Court," said the spokeswoman, Suzanne Gage. Indeed, a new challenge to the law was filed on Wednesday with the Lancaster County District Court. A district judge from Lancaster County is expected to make a ruling that will ultimately, and eventually, be appealed to the State Supreme Court.

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