The Nebraska Supreme Court ruled Friday that a pro-abortion ballot measure that would enshrine the “right” to abortion in the state’s constitution can go before voters this November.
At issue was the “Protect Our Rights” amendment, which stipulates that “all persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient.” The Thomas More Society had filed a lawsuit against this ballot initiative, arguing that it used “remarkably misleading terms” and was “unconstitutionally riddled with separate subjects.”
In its ruling, the court determined that the amendment initiative “has a singleness of subject” and therefore does not violate the separate subjects rule.
“The fact that the drafters of the initiative have made certain choices regarding the specific limits, parameters, and definitions does not mean that each such provision is a separate subject,” Justice Lindsey Miller-Lerman wrote for the court in its unanimous decision.
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Thomas More Society has warned that should it pass, the amendment would create a “fundamental right” to abortion, “without interference from the state of its political subdivisions” and it “effectively will abolish nearly 50 years of legislative enactments” meant to protect preborn children and their mothers.
“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,” stated Matt Heffron, Thomas More Society Senior Counsel. “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.”
Voters in the state will also see a separate ballot measure regarding abortion, called “Protect Women and Children.” This measure would keep the status-quo of allowing abortion up until 12 weeks of pregnancy while ensuring that other current pro-life protections remain in place.
