Nebraska attorneys are in court today to defend the new state law that protects babies from abortions.
Nebraska Attorney General Mike Hilgers has asked a Nebraska court to allow a law that saves babies from abortions to take effect in response to a lawsuit from radical abortion activists.
As LifeNews reported, a leftist political group has filed a lawsuit to block the new law Nebraska Gov. Jim Pillen signed to protect babies from abortions.
Nebraska State Senators voted to protect unborn babies from abortion at 12 weeks gestation by adopting the “Preborn Child Protection Act,” which was previously added as an amendment to LB 574, legislation to ban sex changes on children. Nebraska legislators voted 33-15 to pass the Let Them Grow Act that eliminates elective painful, late-term abortions in the state and saves babies at the point when their hearts have beat over 10 million times.
But the ACLU filed a lawsuit against Nebraska over the new law on behalf of Planned Parenthood of the Heartland (PPH) and abortionist Sarah Traxler, alleging the law violates a provision of the state constitution that states, “No bill shall contain more than one subject.”
State officials say the legislation relates to one subject because both parts of it revolve around public health and protecting children.
Eric Fern, Nebraska Assistant Attorney General, said: “The Nebraska Legislature in its authority and within its discretion has identified individuals that they intend to protect: preborn children and children that would be subject to transgender care, all in the interest of public welfare.”
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But Matthew Segal, attorney for those leftists opposed to the law, said: “To accurately say what this bill is about you have to say two things, you have to say that it’s about an abortion ban and you have to say its about restrictions on gender affirming care.”
The state asked the Lancaster County District Court to allow the law to temporarily go into effect as the lawsuit moves ahead.
The defendants state that a temporary restraining order involves “extraordinary powers” and must be exercised with the “greatest of caution.”
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For a temporary restraining order, the ACLU and Planned Parenthood would need to show a probability of succeeding on the merits of their lawsuit and that there is immediate and irreparable harm and a need to maintain the status quo. This would be done only until a court can hear both parties on the propriety of a temporary injunction, according to the defendants.
“Plaintiffs have failed to demonstrate that they can meet any of the criteria required for the Court to exercise the extraordinary remedy of entering a temporary restraining order, and most notably to find a likelihood of success on the merits on a violation of the single subject rule applicable to the Legislature — where no Nebraska case has ever done so before,” the defendants’ response reads.
The lawsuit asks the court to declare the law “unconstitutional and void in its entirety” under the Nebraska Constitution. LB 574 includes its 12-week abortion ban, the Preborn Child Protection Act, in sections 1-6 of the bill, while banning “gender-altering surgeries” and restricting puberty blockers for minors in sections 14-20, the Let Them Grow Act.
“Although both components of LB 574 took away Nebraskans’ freedoms, ultimately we are talking about two entirely unrelated subjects: gender-related care for trans youth and abortion access,” ACLU of Nebraska interim executive director Mindy Rush Chipman said in a statement. “We believe the combination of those bans violated the clear text of our state’s constitution.
“And the end result of senators’ failure to adhere to the single subject requirement was a rushed process that circumvented critical legislative guardrails,” Rush Chipman continued.
Pillen, who pushed for the bill and met with various lawmakers to support it, said he was pleased to sign the bil.
“Its an extraordinary privilege to be a part of answering prayers that have been going on for 50 years,” he said. “We’re standing up to protect our kids so our state and our kids have a brighter future.”
“This bill is a part of what certainly will be a historic legislative session. It’s all about protecting our kids,” he added.
Pillen said, “The bill is simply two things. It’s about protecting our kids and saving babies. It bans abortions after 12 weeks. It’s the first piece of legislation to save babies in Nebraska in decades.”
“The abortion ban is law this second,” he said after signing.
An emergency clause was also included which allows the law to go into effect once he signs the measure.
SBA Pro-Life America’s Western Regional Director Adam Schwend told LifeNews he was elated by the news.
“Nebraska has taken a significant step forward for life. Three hundred lives will be protected each year through the Let Them Grow Act. Each of these children will bless countless others by being a son or daughter, grandchild, friend, classmate and colleague, and Nebraska will be better off through the lives they will be allowed to live,” he said.
“Gov. Pillen is a bold pro-life leader who does not waver in the face of adversity or vocal minority opposition. We thank the governor and the 33 legislators who showed the resolve to get this legislation to the finish line, with special thanks to Sen. Albrecht, Sen. Hansen and Sen. Kauth. This law marks progress in Nebraska where we will continue the fight for life,” he added.
“Our hope was to pass protection for beating hearts in the womb, detectable at about six weeks, with the Nebraska Heartbeat Act, but that failed to advance beyond the filibuster mounted by opponents,” said Sandy Danek, Executive Director of Nebraska Right to Life. “While this law allows unlimited abortions for the first 12 weeks of pregnancy, it is still more limiting than the law that has been in place since 2010, the Pain Capable Unborn Child Protection Act.”
Based on the Nebraska 2021 Statistical Report of Abortions, 2,360 abortions were performed, 2,195 of which took place before 12 weeks gestation.
“Unfortunately, since approximately 90% of abortions occur before 12 weeks, that’s still so many lives being lost,” said Danek. “We will continue to work, as we have for more than 50 years, to
protect all Nebraska preborn babies.”
