Nebraska’s Supreme Court is set to hear arguments in a lawsuit challenging an abortion rights expansion initiative, potentially reshaping the state’s reproductive rights landscape.
At a Glance
- Nebraska Supreme Court to expedite hearing on abortion rights ballot measure lawsuit
- Lawsuit filed by conservative nonprofit Thomas More Society, arguing initiative violates state’s single-subject rule
- Secretary of State confirmed enough signatures for measure to appear on November ballot
- Initiative aims to enshrine abortion rights in state constitution until fetal viability
- Competing initiative on ballot to codify current 12-week abortion ban with exceptions
Supreme Court to Hear Arguments on Abortion Rights Initiative
The Nebraska Supreme Court is set to hear arguments next Monday in a lawsuit challenging a ballot measure that would expand abortion rights in the state. The case, expedited to bypass lower courts, comes after the Secretary of State confirmed that enough signatures were gathered for the measure to appear on the November ballot.
The initiative, if passed, would enshrine abortion rights in the state constitution until fetal viability or to protect a pregnant woman’s health. However, the conservative nonprofit Thomas More Society filed a lawsuit arguing that the measure violates Nebraska’s single-subject rule for ballot initiatives by addressing multiple issues.
The Nebraska Supreme Court agreed to hear a challenge on the “Protect the Right to Abortion” initiative that argues it violates the state’s “single-subject rule.” https://t.co/a9tE3AIA0a
— 10/11 News (@1011_News) September 4, 2024
Competing Initiatives and Legal Arguments
Complicating matters, a competing initiative on the November ballot aims to codify Nebraska’s current 12-week abortion ban with exceptions. If both measures remain on the ballot, Nebraska could become the first state post-Roe v. Wade to have competing abortion amendments on the same ballot.
“In fact, it’s an initiative that expands abortion rights throughout pregnancy for nearly any reason,” Heffron said. “And it’s without any sort of regulation from the state at all.” – Link
Supporters of the expanded abortion rights initiative claim it addresses a single subject, while the Thomas More Society argues that the single-subject law prevents voters from accepting unwanted provisions. The Secretary of State is supporting both initiatives intervening in the case to ensure comprehensive arguments are presented.
Broader Implications and Public Opinion
The Nebraska case is part of a larger national trend, with abortion-related measures on ballots in nine other states this year. Public opinion polls show growing support for abortion rights, with a recent survey indicating 60% of Americans support legal abortion for any reason.
“Nebraska’s ballot measure laws are clear and there’s reason to be concerned that abortion activists from New York and California have limited knowledge of and interest in those laws,” Pritchard said. – Link
Currently, fourteen states have total abortion bans, four ban abortion after six weeks, and Nebraska and North Carolina have 12-week bans. The outcome of this case could significantly impact abortion access in Nebraska and potentially influence similar initiatives in other states.
Nebraska Supreme Court hears arguments in challenge to state's abortion, gender-affirming care law | Click on the image to read the full story https://t.co/LlBIhSxEzh
— KETV NewsWatch 7 (@KETV) March 5, 2024
Time Sensitivity and Potential Outcomes
The Nebraska Supreme Court’s expedited hearing aims to reach a decision before the September 13 ballot printing deadline. If the court allows the initiative to remain on the ballot, voters will have the opportunity to decide on expanding abortion rights in the state. However, if the court rules in favor of the plaintiffs, the measure could be removed from the ballot entirely.
As the state awaits the Supreme Court’s decision, both supporters and opponents of the abortion rights initiative continue to make their cases to the public. The outcome of this legal battle will likely have far-reaching consequences for reproductive rights in Nebraska and could set a precedent for similar challenges in other states.
Sources:
1. Nebraska Supreme Court will hear lawsuit challenging measure to expand abortion rights
2. Nebraska Supreme Court Will Hear Lawsuit Challenging Measure to Expand Abortion Rights
3. Nebraska Supreme Court to hear arguments on challenge to an abortion ballot initiative
