LINCOLN — Over the past four years, the Nebraska Attorney General’s Office has consistently challenged the Biden administration in court, taking a leading role in a variety of high-profile cases. Nebraska Attorney General Mike Hilgers spearheaded efforts to overturn federal student loan forgiveness, opposed the rescheduling of marijuana as a less dangerous drug, and challenged federal and California regulations promoting heavy-duty electric trucks. The state also joined lawsuits on issues like bump stocks, ghost gun assembly kits, Title IX protections for transgender students, and federal contractor wage requirements.
Hilgers, a Republican, described these cases as fulfilling his campaign pledge to combat “federal overreach” and protect the constitutional rights of Nebraskans. “It’s been a hallmark of my role as attorney general to fight against powerful actors who go outside the constitutional framework to dictate national policy,” Hilgers said, noting that states often serve as the only entities with the resources and standing to oppose such actions.
However, State Sen. Danielle Conrad, a Democrat, has criticized Hilgers’ litigation strategy, describing it as a politically driven “ideological crusade” with limited benefits for Nebraskans. Conrad pointed to the student loan case as an example, arguing that it blocked relief for thousands of state residents. “How much time, energy, and taxpayer dollars have been expended for what result?” Conrad questioned.
Hilgers denied political motivations, emphasizing the victories his office has achieved, which he said demonstrate the validity of Nebraska’s arguments. To support these efforts, Hilgers expanded the Solicitor General Bureau from one attorney to five, using legal settlement funds. Now, his office is requesting more than $1.8 million in state funds for staffing and operational needs, citing a growing demand for legal challenges against federal policies.
University of Nebraska Law Professor Anthony Schutz noted that state-led litigation has become a prominent tool for influencing federal policy, driven by congressional gridlock and the expansion of executive actions. Schutz said the increasing role of attorneys general in such cases raises political questions that voters must ultimately decide at the ballot box.
Looking ahead, Hilgers anticipates fewer offensive lawsuits with Donald Trump returning to office but emphasized the need for a well-funded Solicitor General Bureau to defend Nebraska’s interests against future administrations. “There will be presidents in the future that won’t be President Trump,” Hilgers said. “It is of utmost importance for the state of Nebraska to have constitutional watchdogs to ensure that future presidents stay within their constitutional lane.”
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