Nebraska Supreme Court Allows Two Dueling Abortion Amendments on November Ballot

The Nebraska Supreme Court has recently made a significant ruling concerning two proposed constitutional amendments regarding abortion rights that are set to appear on the state ballot this coming fall. One of these measures, referred to as "Protect the Right to Abortion," aims to amend the state's Constitution to affirm that "all persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient."

Rival Amendment: "Protect Women and Children"

The second proposed amendment, titled "Protect Women and Children," seeks to impose restrictions on abortion during the second and third trimesters of pregnancy, with exceptions made only in cases of medical emergencies, sexual assault, or incest. Currently, Nebraska law allows for abortions up to 12 weeks of pregnancy, with the aforementioned exceptions.

If passed, the "Protect the Right to Abortion" measure would effectively overturn the existing 12-week limitation on abortions, while the opposing amendment would solidify that restriction within the state's Constitution.

Legal Challenge and Supreme Court Decision

The opponents of the abortion rights expansion had initially brought forward legal challenges, claiming that the proposed amendment violated a state requirement stipulating that a ballot proposal must address a single subject. However, the Nebraska Supreme Court, in its ruling, determined that the amendment to expand abortion rights did not infringe upon the single-subject rule.

In the upcoming October hearings, the Nebraska secretary of state is scheduled to conduct discussions regarding the two proposed ballot measures, as well as four other unrelated measures. While the state's office did not provide explicit details regarding the content or nature of these additional measures, the hearings are expected to facilitate a comprehensive evaluation of all proposed amendments that will appear on the ballot this fall.

Public Reaction and Legal Perspectives

The ruling elicited mixed reactions from various stakeholders. Matt Heffron, a senior counsel affiliated with an organization opposing the inclusion of the abortion rights initiative on the ballot, expressed disappointment, labeling the ruling as an endorsement of a "deceptive initiative."

On the other hand, advocates for abortion rights, such as the Nebraska branch of the American Civil Liberties Union (ACLU), celebrated the court's ruling as a significant victory, emphasizing that the decision empowers Nebraskans to make choices regarding abortion access and healthcare independently of political influence.

Wider Context and National Trends

Nebraska is not alone in this debate, as it is one of 10 states where constitutional amendments aimed at protecting or expanding abortion rights are set to be voted on this fall. These states range from conservative-leaning regions such as Montana, South Dakota, and Florida, to liberal-leaning states like Colorado, New York, and Maryland. Notably, two critical battleground states in the upcoming presidential election, Pennsylvania and Arizona, are also participating in ballot initiatives pertaining to abortion rights.

Past patterns indicate that abortion rights advocates have often achieved victories when such initiatives are subjected to public vote, even in traditionally conservative states. For instance, voters in Ohio recently incorporated the right to abortion care access into the state's Constitution. Similarly, voters in Kentucky and Kansas rejected proposed amendments that would have restricted or removed guarantees of abortion rights in their respective state constitutions.