The Nebraska Supreme Court has decided that two competing abortion initiatives will appear on the ballot in November. One initiative aims to establish a right to abortion in the state’s constitution, while the other seeks to prohibit abortion in the second and third trimesters of pregnancy.
Both initiatives were found to comply with the state’s single-subject rule by the court, which heard arguments in three lawsuits regarding the amendments earlier this week. The Protect Women and Children amendment would protect unborn children from abortion in the second and third trimesters, with exceptions for cases of rape, incest, or medical emergencies. On the other hand, the Protect the Right to Abortion amendment would establish the right to abortion until fetal viability or to protect the mother’s life or health as determined by a healthcare practitioner.
Fetal viability is typically reached around 22 to 24 weeks of pregnancy, which is well into the second trimester. Currently, abortion is legal in Nebraska up to the 12th week of pregnancy, or the end of the first trimester.
Lawsuits
Challengers of the right-to-abortion amendment argued that it violated state law by addressing multiple subjects, including permitting late-term abortions, restricting regulation of the procedure, and allowing nonphysicians to perform abortions. They also claimed that the text of the amendment was unclear. However, the court rejected these arguments, stating that the provisions of both amendments were naturally and necessarily related to their general subjects.
Due to their conflicting nature, only one of the initiatives can be enacted if both are approved by voters. To pass, a Nebraska ballot initiative must receive more “yes” votes than “no” votes and at least 35 percent of all voters must vote in favor of it. If both initiatives meet these criteria, the one with the most support will be implemented.