Nebraska Supreme Court Allows Competing Abortion Measures on November Ballot
ICARO Media Group
In a significant ruling on Friday, the Nebraska Supreme Court decided that two competing measures regarding abortion rights can both appear on the state's November ballot. This decision comes after the court heard arguments in three separate lawsuits aimed at blocking one or both of the initiatives from being included in the upcoming election.
Both measures garnered considerable support, with organizers for each initiative submitting over 200,000 signatures. This exceeded the required 123,000 valid signatures needed to qualify for the ballot. The ruling to allow the measures has been hailed as a victory by proponents of expanding abortion rights.
Allie Berry, the campaign manager for Protect Our Rights, an organizer for the measure to expand abortion rights, described the decision as a triumph for all Nebraskans. Berry criticized anti-abortion politicians for pushing through a ban on abortion and subsequently attempting to prevent citizens from voting on the matter. She emphasized that Nebraskans want to end the abortion ban and uphold their right to make personal healthcare decisions.
In contrast, Matt Heffron, an attorney from the conservative Thomas More Society, expressed deep concerns regarding the court's ruling. He feared that if the measure to expand abortion rights were to pass, it could lead to unnecessary late-term abortions.
The two competing ballot measures present differing perspectives on the issue. One seeks to enshrine in the Nebraska Constitution the right to have an abortion until viability, or later to protect the health of the pregnant woman. The other aims to enshrine Nebraska's existing 12-week abortion ban, which was passed by the Legislature in 2023 and includes exceptions for cases of rape, incest, and the life of the pregnant woman.
The lawsuits filed against the initiatives argued that the measure to expand abortion rights violated the state's prohibition against addressing multiple subjects in a single bill or ballot proposal. However, the court determined that the provisions of the initiative did not constitute separate subjects.
The court's decision aligned with a similar ruling by the Florida Supreme Court earlier this year, which rejected a single-subject challenge to an abortion rights ballot measure. This alignment was noted in the Nebraska court's opinion.
Aside from the challenge against the measure to expand abortion rights, a third lawsuit sought to challenge the 12-week abortion ban ballot measure. It argued that if the court found the abortion rights measure to fail the single-subject test, it should also find the 12-week ban initiative to be in violation. The court, however, didn't agree with this argument.
The Nebraska Supreme Court expedited its hearings and rulings on the lawsuits to ensure a timely decision ahead of ballot printing. Nebraska will be the first state to include competing abortion amendments on the same ballot since the U.S. Supreme Court's ruling overturning Roe v. Wade in 2022.
It's worth noting that abortion-related measures will also appear on the ballot in nine other states across the country this year. These measures aim to protect access to abortion and are being voted upon in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nevada, and South Dakota.
In Nebraska, if both competing abortion measures receive approval from voters, the one with the highest number of "for" votes will be adopted. Notably, since the reversal of Roe v. Wade, all seven states with abortion-related measures have favored abortion rights. Republican-controlled states have increasingly implemented various abortion bans since the landmark decision was overturned.
Public opinion polls have consistently shown growing support for abortion rights, with a recent Associated Press-NORC survey indicating that 6 in 10 Americans believe their state should permit legal abortion for any reason. Currently, 14 states have bans on abortion throughout all stages of pregnancy, with a few exceptions. Four states, including Nebraska, enforce a ban after approximately six weeks, often before many individuals are aware of their pregnancy.
The November ballot in Nebraska will now feature two opposing measures, providing voters with the opportunity to voice their stance on abortion rights. The decision by the Nebraska Supreme Court ensures a democratic process, as citizens will have the final say on this contentious matter that has become a state-by-state issue since Roe v. Wade.