The Nebraska Supreme Court has approved two competing abortion-related ballot measures to go before voters on election day. One measure, supported by abortion advocates, seeks to enshrine a fundamental right to abortion “until fetal viability.” The other measure, backed by abortion opponents, aims to codify the state’s current 12-week abortion ban into the state’s constitution. Current Nebraska law allows for exceptions in cases of rape, incest, or the life of the mother. Anti-abortion groups had filed lawsuits challenging the competing ballot measure, arguing that it violated state policy requiring that such measures pertain to only one subject. The lawsuits contended that the measure dealt with multiple abortion-related issues, including abortion rights until viability, abortion rights after viability to protect a woman’s health, and whether the state should be allowed to regulate abortion.
Despite the legal challenges, the state Supreme Court ruled in favor of allowing the measures to appear on the ballots. Organizers for each ballot measure collected more than 200,000 signatures in support of their respective measures, far surpassing the required 123,000 signatures. The court battle over the abortion-related measures is unfolding as Democrats across the country are using abortion as a key issue in their political strategy. This was evident during a recent presidential debate, where Vice President Kamala Harris criticized the end of Roe v. Wade under former President Trump and warned of a potential national abortion ban if Trump were to be elected again. Trump, however, countered by pointing to ballot measures like the ones at play in Nebraska and emphasizing that the issue of abortion has largely been handed over to the states. Trump indicated his support for exceptions in cases of rape, incest, or the life of the mother, a stance he shares with former President Ronald Reagan.
Since the Supreme Court’s decision to strike down Roe v. Wade in 2022, many states have taken up ballot measures on abortion. While some states, like California, have reinforced abortion rights in their laws, others, like Louisiana, have paved the way for more restrictive abortion measures. This broader national conversation around abortion has intensified in recent years, with debates around fetal viability, women’s health, and state regulation taking center stage. With the upcoming election, abortion policies are poised to be a critical issue as voters in Nebraska decide the fate of the competing ballot measures. The outcome of these measures could have significant implications for the future of abortion rights and regulations in the state, as well as contribute to the larger national discourse on this divisive issue.
