The Nebraska Supreme Court ruled that two dueling constitutional amendments regarding abortion can appear on the state’s ballots this fall. One measure, “Protect the Right to Abortion,” would guarantee a fundamental right to abortion until fetal viability or to protect the life or health of the pregnant patient. The other measure, “Protect Women and Children,” would ban abortions in the second and third trimesters except in cases of medical emergency, rape, or incest.
Abortion rights opponents had argued that the amendment expanding abortion rights violated a state rule regarding single-subject proposals, but the court disagreed. The Nebraska secretary of state will hold hearings on the ballot measures in October. The group Protect Our Rights supports the abortion rights initiative, while a Chicago-based firm argued against allowing it on the ballot.
The ACLU praised the court’s decision, saying Nebraskans could vote to end the current abortion ban and ensure that decisions about pregnancy and abortion are made by patients, not politicians. Nebraska is one of 10 states with abortion ballot measures this fall, including conservative-leaning states like Montana and liberal-leaning states like Colorado. Abortion advocates have seen success in previous ballot initiatives, even in red-leaning states like Ohio and Kentucky.
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