High-Stakes Abortion Rights Case Hits Nebraska Supreme Court

The Nebraska Supreme Court is set to hear a pivotal case that could dramatically expand abortion rights in the state, potentially reshaping the landscape of reproductive healthcare.

At a Glance

Nebraska Supreme Court to expedite hearing on lawsuit challenging abortion rights ballot measure
Hearing set for next Monday; lawsuit filed by conservative nonprofit Thomas More Society
Initiative aims to enshrine abortion rights in state constitution until fetal viability
Lawsuit argues measure violates state’s single-subject rule, addressing multiple issues
If upheld, Nebraska could be first state with competing abortion amendments on same ballot post-Roe v. Wade

Supreme Court to Hear Challenge to Abortion Ballot Initiative

The Nebraska Supreme Court has scheduled an expedited hearing for next Monday to address a lawsuit challenging a proposed abortion rights ballot measure. The legal action, initiated by the conservative nonprofit Thomas More Society, contests the constitutionality of an initiative that seeks to enshrine abortion rights in the state constitution until fetal viability or to protect a pregnant woman’s health.

This legal battle comes after Nebraska’s Secretary of State confirmed that enough signatures were gathered for the measure to appear on the November ballot. The lawsuit argues that the initiative violates the state’s single-subject rule by addressing multiple issues, potentially confusing voters and forcing them to accept unwanted provisions.

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

Adding to the complexity of the situation, a competing initiative on the November ballot aims to codify Nebraska’s current 12-week abortion ban with exceptions. This creates a unique scenario where, if both measures are upheld, Nebraska could become the first state with competing abortion amendments on the same ballot since the overturning of Roe v. Wade.

“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.”

Supporters of the expanded abortion rights initiative maintain that 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 has chosen to support both initiatives, intervening in the case to ensure comprehensive arguments are presented.

Broader Implications and Public Opinion

This case in Nebraska is part of a larger national trend, with abortion-related measures appearing on ballots in nine other states this year. Public opinion surveys indicate growing support for abortion rights, with a recent poll suggesting that 60% of Americans support legal abortion for any reason.

“The majority of Nebraskans know that these decisions belong to patients and their trusted medical providers, not politicians, and we will vote like it this fall,” she said. “Our measure was certified by the Secretary of State, and we have followed the appropriate processes every step of the way.”

The Nebraska Supreme Court’s decision to expedite the hearing, bypassing lower courts, underscores the urgency of the matter as the state approaches its ballot printing deadline. The court’s ruling will not only impact the immediate future of abortion access in Nebraska but could also influence the ongoing national dialogue on reproductive rights.