Nebraska’s Supreme Court is racing against the clock to decide the fate of two opposing abortion-related petitions. The decision will determine if the petitions make it onto the November ballot, with the state’s deadline for certifying the ballots rapidly approaching this Friday. The outcome of this case could significantly shape the state's approach to abortion rights in the near future.
WOWT reported that the court's deliberation comes amidst growing tensions over the state's existing abortion restrictions and debates over the constitutionality of ballot initiatives under Nebraska’s single-subject rule.
On Monday, the court heard arguments from both sides regarding the abortion petitions.
The petitioners are fighting to ensure their respective proposals are included on the November ballot, while Nebraska’s Secretary of State, Bob Evnen, is preparing to finalize the ballot certifications by the end of this week.
Chief Justice Mike Heavican acknowledged the urgency of the situation, describing it as a challenging position for the court given the time constraints.
The primary focus of the legal battle is whether the petitions qualify as single-subject initiatives, a requirement under Nebraska law for ballot measures.
Paul Rodney, an attorney representing the group Protect the Rights to Abortion, argued that the petition aiming to limit government interference with abortion complies with the single-subject rule. “The only issue is whether there is a single subject at this time, pre-election. We believe it is. It’s limiting government interference with abortion,” Rodney said during Monday’s hearing.
However, opponents of the petition argue that it covers more than one subject, which would render it unconstitutional. Matt Heffron, senior counsel with the Thomas More Society, expressed strong opposition, calling the initiative “deceptive” and claiming it does not provide voters with enough clarity.
“It’s anti-democratic,” Heffron stated, asserting that the initiative could have been broken into separate issues but was not.
The court’s ruling on the abortion petitions is not the only major legal decision on the horizon. On Tuesday afternoon, the court will address a separate challenge involving a private school scholarships ballot initiative. With such high stakes, the legal complexities surrounding the single-subject rule have become a central focus for both sides of the debate.
Supporters of the abortion protection initiative argue that both petitions deserve to be heard by voters. Dr. Elizabeth Constance, a physician, highlighted the practical difficulties that have arisen under Nebraska’s current 12-week abortion ban, stressing that the restrictions have led to delays in medical care.
“We are seeing physicians having to call attorneys and hospital administrators in the middle of the night before doing what they know is the right medical thing to do,” Constance explained. She added that patients are being turned away from hospitals because they do not meet the legal threshold for care under the current law.
This legal battle is not the first time Nebraska’s Supreme Court has tackled the single-subject rule in relation to ballot initiatives.
The court previously upheld a law that combined gender-affirming care restrictions and abortion limitations as a single subject. This precedent may play a role in how the justices view the current abortion petitions.
Attorney Josh Livingston of Koenig|Dunne Law Firm expressed hope that Nebraskans would be able to voice their opinions on the matter, despite the complex nature of the single-subject issue. “We’re hopeful the court will allow Nebraska voters to have their voices heard regarding these initiatives,” Livingston said, reflecting the position of many abortion rights supporters.
Opponents of the abortion protection petition remain firm in their belief that the initiative does not meet the single-subject requirement.
They argue that the petition’s broad scope goes beyond the issue of abortion alone and should be split into separate proposals. “They chose not to,” Heffron argued, referring to the decision to combine multiple issues into one petition.
Despite this criticism, those supporting abortion protections believe that the petitions should be treated the same way as other initiatives that have been deemed single-subject in the past. Their position is that if the court applies the rule equally, the abortion-related petitions should be allowed to proceed to the ballot.
The Nebraska Supreme Court’s ruling will not only impact the fate of the abortion petitions but could also set a precedent for future ballot initiatives in the state.
As the clock ticks toward Friday’s deadline for ballot certification, the justices are under immense pressure to reach a decision that could have wide-reaching implications for the state’s abortion laws.
For now, both sides of the debate are awaiting the court’s decision, which will likely shape the conversation around abortion rights in Nebraska for years to come.
As Attorney Josh Livingston pointed out, the single-subject issue is complex, but many hope that the court’s ruling will provide clarity on what is allowed under Nebraska’s constitution when it comes to ballot measures.
