The Nebraska Supreme Court has agreed to expedite a hearing on a lawsuit that could prevent voters from deciding whether to expand abortion rights in the state. The lawsuit, filed by the Thomas More Society, challenges the measure that would enshrine in the state constitution the right to have an abortion until viability or later to protect the health of the pregnant woman. The lawsuit argues that the measure violates the state’s prohibition against addressing more than one subject, as it deals with multiple aspects of abortion rights.
There is a rival initiative slated to appear on the November ballot that would codify Nebraska’s current 12-week ban on abortion in the constitution, with exceptions for rape, incest, and to save the life of the pregnant woman. The legal challenge is based on Nebraska’s single-subject law, which aims to ensure that voters are not forced to accept something they don’t like in order to get something they want. The proponents of the lawsuit argue that the disputed initiative expands abortion rights throughout pregnancy for nearly any reason, without any state regulation.
Backers of the initiative to expand abortion rights have requested the chance to defend their proposal in court, arguing that it only focuses on ensuring that all persons have a fundamental right to abortion until fetal viability or when necessary to protect the life or health of the pregnant patient. Secretary of State Bob Evnen has allowed both groups supporting the initiatives to intervene in the case so that the court can hear all arguments. If the initiative survives the legal challenge, Nebraska will be the first state to have competing abortion amendments on the same ballot since Roe v. Wade was overturned in 2022.
The issue of abortion has been a contentious topic across the country, with nine states having measures on the ballot to protect access to abortion rights. While most Republican-controlled states have implemented abortion bans since Roe v. Wade was overturned, public opinion polling shows growing support for abortion rights. Fourteen states currently have bans on abortion at all stages of pregnancy, with some exceptions, while Nebraska and North Carolina are the only states with bans kicking in after 12 weeks of pregnancy. The Nebraska Supreme Court’s decision to hear the lawsuit right away will increase the chances of resolving the issue before ballots are printed.
In the wake of the reversal of Roe v. Wade in 2022, making abortion a state-by-state issue, the topic of abortion has become a key issue in states across the country. Voters in all seven states with abortion-related ballot measures since the overturning of Roe v. Wade have favored abortion rights. While some states have successfully implemented bans on abortion, others have seen measures to protect access to abortion rights qualify to go before voters. The legal challenge in Nebraska will determine whether the initiative to expand abortion rights will be on the ballot in November.
