Hilgers Supports States' Election Authority in Supreme Court Amicus Brief

Nebraska Attorney General Mike Hilgers joined an amicus brief filed with the U.S. Supreme Court in March supporting states' rights to establish their own election regulations, marking his office's participation in a closely watched voting rights case.

The brief was filed in RNC v. Eakin, a case challenging Pennsylvania's handling of mail-in ballots with missing or incorrect dates on return envelopes. The case centers on whether federal courts should be able to override state election procedures based on constitutional grounds.

Hilgers, who was elected Nebraska's attorney general in 2022, served previously as speaker of the Nebraska Legislature from 2021 to 2023. As attorney general, his office has become active in amicus briefing on constitutional matters affecting states.

The brief argues that the Supreme Court should adopt clearer standards for how federal courts evaluate state election regulations. According to election law experts involved in similar filings, the case presents an opportunity to establish more uniform guidelines, rather than allowing lower courts to apply inconsistent standards when reviewing election rules.

Hilgers' office maintains the Solicitor General position, which handles amicus curiae briefs on behalf of the State of Nebraska to federal courts. The brief filing represents one of several federal cases the Nebraska attorney general's office has engaged with in recent years on election-related matters.

The Supreme Court petition in RNC v. Eakin seeks review of a lower court decision involving the Third Circuit. The case emerges as election administration continues to face legal challenges ahead of the 2026 election cycle, with Nebraska's primary scheduled for May 12 and the general election on November 3.