On September 13, 2024, the Nebraska Supreme Court ruled that the “Protect the Right to Abortion” ballot initiative may remain on the November general election ballot. Thomas More Society attorneys had filed suit against the state’s abortion expansion ballot initiative and argued the challenge against it before the Nebraska Supreme Court.
Matt Heffron, Thomas More Society Senior Counsel, reacted:
“Unregulated late-term abortions are what Nebraskans will get if the abortion expansion ballot initiative passes. We are deeply concerned that the Nebraska Supreme Court has allowed this intentionally deceptive initiative to go before Nebraskans for a confusing vote. The ‘Protect Our Rights’ initiative is a Trojan Horse and would expand abortion throughout pregnancy for nearly any reason—without any regulation by the State, whatsoever—while allowing non-physicians to make these determinations. If passed, this would be a sea-change, overturning nearly 50 years of Nebraska laws on abortion.”
Thomas More Society attorneys argued the abortion expansion initiative contains “remarkably misleading terms” and is “unconstitutionally riddled with separate subjects”—in violation of the Nebraska Constitution’s Single Subject Rule. For example, in addition to proposing a fundamental right to abortion before viability, the abortion initiative would also establish a right to abortion after viability—until birth—for undefined “health” reasons.
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In broad and misleading fashion, the abortion expansion initiative creates a “fundamental right” to abortion, “without interference from the state of its political subdivisions.” Thomas More Society attorneys also argued the abortion expansion initiative “effectively will abolish nearly 50 years of legislative enactments” and may potentially have further ramifications on all existing medical regulations. These existing laws include the state’s dismemberment abortion ban and the parental notification requirement for abortions on minors. Laws requiring care of born-alive aborted infants, care of post-viability aborted infants, and detailed informed consent requirements, will effectively be repealed if the abortion expansion ballot initiative is passed by voters.
Additionally, Thomas More Society attorneys further argued that the abortion initiative opens the determination of viability to a large number of non-physician “health care practitioners.” Under current Nebraska law, “health care practitioners” include not only physicians, but also psychiatrists, pharmacists, nurses of varying degrees, and many others.
Read the Opinion, issued September 13, 2024 by the Nebraska Supreme Court, in State ex rel. LaGreca v. Evnen, here.
Read background on State ex rel. LaGreca v. Evnen on the Thomas More Society case page, here.
