Judge leaves Nebraska’s 12-week preborn protections in effect until case is heard

A Lancaster County district judge has ruled that Nebraska’s pro-life law — LB 574, the Let Them Grow Act — can remain in effect until at least July 19, until arguments in a legal case can be heard.

According to National Right to Life News, “Amendment 1568, the ‘Preborn Child Protection Act,’ was attached to LB 574 on May 16, and includes protection for most Nebraska preborn babies at 12 weeks gestation and beyond, with the exception of rape, incest, and life of the mother.”

Planned Parenthood of the Heartland filed a lawsuit to stop the law from taking effect, arguing that LB 574 violates the Nebraska Constitution which states legislation should be confined to a single subject. In addition to the anti-abortion portion of LB 574, the law also includes a transgender portion. Planned Parenthood attorneys from the ACLU of Nebraska have also requested a motion for summary judgment in order to end the case without a trial.

The state has responded by arguing that both portions of the law concern “health and welfare, and the powers of the state medical officer,” as reported by the Nebraska Examiner. Attorneys representing the state filed a motion to dismiss both Planned Parenthood’s request for the law to be blocked as well as the request for a summary judgment.

Judge Maret said that she would prefer to hear the arguments on the motions at the same time in one hearing rather than separately.

“Why would I want to hear something twice? That doesn’t seem very efficient to me,” Maret said.

Until she can hear those arguments, no later than July 19, the law will remain in effect, protecting most preborn children from abortion in Nebraska beginning at 12 weeks. Unfortunately, nearly 95% of all abortions in the state took place in the first 12 weeks of pregnancy in 2021, meaning most abortions will still take place in Nebraska regardless of the law.

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