In a surprising turn of events, a third lawsuit has been filed in Nebraska, adding to the already growing number of legal challenges against competing abortion amendment proposals. This latest lawsuit, filed by a group of over 20 doctors supporting abortion rights, urges the Nebraska Supreme Court to either leave both abortion amendments on the ballot or remove them both entirely.

Joining the two lawsuits that were refilled on Friday, one by a Douglas County resident and the other by a Lancaster County neonatologist seeking to remove the abortion-rights amendment from the ballot, this third lawsuit brings a new perspective into the mix. The Nebraska Supreme Court has agreed to hear all three lawsuits prior to Secretary of State Bob Evnen finalizing the November 5 general election ballot on September 13.

For the newly filed lawsuit advocating for the inclusion of both amendments or their removal altogether, the doctors expressed their reluctance but emphasized the importance of allowing voters to have a say on these crucial matters. They argue that the abortion-restriction amendment violates the constitutional rule that requires every ballot initiative to cover a single subject, which may confuse voters. The doctors assert that both the Restrictions Amendment and the Rights Amendment should either be included or excluded from the ballot as a whole.

One of the doctors, Dr. Elizabeth Constance, a fertility specialist, voiced her concerns, stating that the current abortion ban in Nebraska at 12 weeks gestational age already poses risks to families. She emphasized the importance of complex medical decisions being made between patients and their trusted healthcare providers without government interference.

The proposed amendment supported by Dr. Constance and her fellow plaintiffs aims to grant the right to abortion in Nebraska's state Constitution until the point of "fetal viability," as determined by a healthcare provider. The amendment includes exceptions for the mother's health in later stages of pregnancy. On the other hand, the amendment they oppose seeks to constitutionally limit abortion to the first trimester, with an exception for the mother's life. The latter amendment would still allow the Legislature to enact stricter abortion bans.

If these ballot measures survive the legal challenges and are included in the election, Nebraska would become the first state since the U.S. Supreme Court's 2022 reversal of Roe v. Wade to have competing abortion-related constitutional amendments on the same ballot. In the event that both amendments pass, the one with the majority of votes would become law.

Responding to previous concerns about the language used in the abortion-rights amendment being subjective, confusing, and unworkable, the lawyer representing the Douglas County resident and the attorney representing the Lancaster County doctor made some adjustments to their filings. These changes removed hedge words used to vouch for the truth of their statements, aligning with the Supreme Court's requirement for affidavits to be verified as true and correct.

Both plaintiffs, Carolyn LaGreca and Dr. Catherine Brooks, have once again urged the Supreme Court to consider their cases as an "original action" due to time constraints. Attorney Brenna Grasz, representing Dr. Brooks, emphasized the need for the court to address the concerns raised by the abortion-rights amendment.

As the Nebraska Supreme Court prepares to hear oral arguments for all three lawsuits on September 9, the fate of these abortion amendments hangs in the balance. With time running out before the election, all parties involved await the court's decision on whether both amendments will remain on the ballot or be removed altogether.