Competing abortion measures in Nebraska are set to appear on the ballot this fall, following a ruling by the state Supreme Court. The initiatives seek to either expand or restrict abortion rights in the state, with one aiming to enshrine the right to abortion until viability or later, and the other seeking to codify Nebraska’s current 12-week abortion ban. Two lawsuits challenged the initiatives, arguing that they violated the state’s single-subject rule by addressing multiple issues related to abortion rights. The court expedited its hearings and rulings to ensure a decision before the ballot printing deadline.
The Nebraska Supreme Court has had mixed results in previous challenges regarding single-subject laws. In 2020, a ballot initiative seeking to legalize medical marijuana was blocked for violating the rule, while a 2023 bill combining a 12-week abortion ban with another measure was upheld as not violating the rule. The expedited hearings and rulings in the current abortion case eliminated the need for lower court proceedings and aimed to have a decision before the ballot certification deadline. Nebraska will be the first state since the overturning of Roe v. Wade in 2022 to have competing abortion initiatives on the same ballot.
Abortion rights have become a state-by-state issue following the reversal of Roe v. Wade, with nine states including Nebraska having measures related to abortion on their ballots this year. States like Arizona, Colorado, and Maryland also have measures to protect access to abortion rights before voters. Most Republican-controlled states have implemented some form of abortion ban since Roe was overturned. Fourteen states currently have bans on abortion at all stages of pregnancy, with exceptions, while others have bans that kick in after about six weeks of pregnancy.
The battle over abortion rights continues to be a contentious issue, with states taking differing approaches to restrictions and access. The presence of competing abortion measures on the Nebraska ballot reflects the ongoing debate over reproductive rights in the state and across the country. Voters in states with abortion-related measures post-Roe v. Wade have tended to favor abortion rights, highlighting the importance of these issues in the political landscape. As the fight over abortion rights evolves, it remains a significant topic in state and national politics.
