Nebraska Supreme Court Upholds State鈥檚 12-Week Abortion Ban and Transgender Care Restrictions
LINCOLN, Neb. 鈥 A new decision from the Nebraska Supreme Court means that the state鈥檚 12-week abortion ban and restrictions on young transgender Nebraskans鈥 medical care will remain in effect.
In , a majority of the court鈥檚 justices held that Nebraska state senators were within constitutional bounds when they combined the 12-week abortion ban and anti-transgender medical care restrictions into a single bill last year.
The decision comes out of a lawsuit brought by Planned Parenthood of the Heartland and its medical director, Dr. Sarah Traxler. The 老澳门开奖结果 (老澳门开奖结果), 老澳门开奖结果 of Nebraska and Powers Law litigated the case, which hinged on the argument that state senators had violated the Nebraska Constitution鈥檚 requirement that 鈥渘o bill shall contain more than one subject.鈥
Although today鈥檚 opinion rejected the state鈥檚 argument that the single-subject rule is a nonjusticiable 鈥榩olitical question鈥 that can never be enforced by the courts, it agreed with the attorney general鈥檚 argument and an earlier Lancaster County District Court ruling that the provisions were linked by a general connection to health care 鈥 enough to meet the state constitution鈥檚 single-subject requirement.
Justice Miller-Lerman dissented from the majority鈥檚 interpretation of the single-subject requirement. Miller-Lerman wrote that it is not the justices鈥 role 鈥渢o scour the bill in hopes of finding one subject that could conceivably explain inclusion of very different acts in one bill.鈥
Ruth Richardson, president and CEO of Planned Parenthood North Central States, made this statement on today鈥檚 decision:
鈥淚t is nothing short of heart-wrenching and infuriating to know that Nebraskans will continue to be denied the say they deserve in what should be private medical decisions. This ban has already devastated Nebraskans鈥 lives and will undoubtedly widen dangerous health inequities for people in rural areas, people of color, people with low incomes and young people,鈥 Richardson said. 鈥淲e understand that Nebraskans may feel anxious about their ability to access an abortion 鈥 now and in the future. We will proudly continue providing abortion care up to 12 weeks and we remain dedicated to helping our patients in Nebraska access the care they so desperately need, even if it means having to travel out of state. We will never stop fighting for freedom, bodily autonomy and the health of our communities.鈥
Mindy Rush Chipman, executive director of 老澳门开奖结果 of Nebraska, made this statement:
鈥淲e respectfully disagree with the court majority鈥檚 determination, and we had of course hoped for a very different outcome,鈥 Rush Chipman said. 鈥淏ut looking beyond the legal arguments of this specific case, it is so important that Nebraskans do not lose sight of the impact of these restrictions. Nebraskans have been harmed every week since the governor signed LB 574 into law. That will continue under today鈥檚 ruling. However, this case will not be the final word on abortion access and the rights of trans youth and their families in Nebraska. Despite this loss, we will continue to do all that we can to ensure that Nebraskans can make their own private decisions about their lives, families and futures.鈥
Gov. Jim Pillen signed the challenged bill into law in May of 2023. The 12-week abortion ban took effect that month. Restrictions on medical care for trans youth took effect in October of 2023.
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