The Nebraska Supreme Court ruled that two dueling constitutional amendments regarding abortion can appear on the state ballot this fall. One measure, “Protect the Right to Abortion,” would allow abortion until fetal viability or to protect the life or health of the pregnant patient. The other, “Protect Women and Children,” would ban abortions in the second and third trimesters, with exceptions for medical emergencies, sexual assault, or incest. This would essentially codify the current state law that prohibits abortion after 12 weeks. Opponents of abortion rights argued that the pro-abortion measure violated a rule that requires ballot proposals to address only one subject, but the Supreme Court disagreed.
The Nebraska Secretary of State will host hearings in October on the two measures, along with four other unrelated ones. Abortion rights advocates praised the court’s ruling, while opponents criticized it as allowing a deceptive initiative to go before voters. Nebraska is one of 10 states where abortion-related constitutional amendments are on the fall ballots, including conservative-leaning states like Montana, South Dakota, and Florida, as well as liberal-leaning states like Colorado, New York, and Maryland. Historically, abortion rights advocates have experienced success in winning such votes, even in conservative states like Ohio, Kansas, and Kentucky.
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