LINCOLN- On Wednesday, Lancaster County Court Judge Susan Strong ruled retroactive portions of LB50, a comprehensive criminal justice reform bill passed last year by the Nebraska Legislature, unconstitutional. "The court emphasizes the narrowness of this declaration," said Strong in a 20-page order, which was prompted by a challenge by the Nebraska Attorney General's Office.

Strong declared two specific portions of Section 57, which retroactively applies to prison inmates whose sentences became final on or before September 2nd, 2023, unconstitutional. Secretary of State Bob Evnen, who has the authority to defend the constitutionality of state laws, filed a notice of appeal.

The appeal is expected to bypass the Nebraska Court of Appeals and go straight to the State Supreme Court, where Attorney General Mike Hilgers initially tried to file his challenge to LB50 last October. Deputy Solicitor General Zach Viglianco also previously argued that the two specific portions of Section 57 amounted to clemency, a power reserved for the executive branch and the Board of Pardons.

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