Nebraska’s new abortion law causes contention
Legislative Bill 574 went into law on May 22. The bill included a 12-week abortion ban which took effect immediately after Governor Jim Pillen signed it into law.
LB 574 was passed as a combination of two distinct acts, the “Let Them Grow Act” and the “Preborn Child Protection Act.” The Preborn Child Protection Act is a 12-week abortion ban which took effect on May 22. The “Let Them Grow Act” includes regulations on puberty blockers and ban on gender-affirming surgeries for minors. This act will take effect on October 1.
The new law prohibits abortion as twelve weeks LMP, twenty weeks post-fertilization and after viability. Exceptions are made in cases of sexual assault, incest and medical emergency which is defined as actions “to avert her death or for which a delay in terminating her pregnancy will create a serious risk of substantial and irreversible physical impairment of a major bodily function.” The law specifies that abortion does not refer to removal of an ectopic pregnancy and accidental or unintentional termination of pregnancy.
The law passed with a 33-15 vote, the minimum amount of support needed. Hundreds of protesters were present at the legislative session. Six individuals were arrested and four currently face criminal charges.
Planned Parenthood filed a lawsuit against the law arguing that it went against Nebraska’s single subject requirement for legislative bills. The lawsuit was dismissed by a district court judge on August 11, stating that the bill did not violate the requirements because of the relation of health, welfare and powers of the state's medical officer. Planned Parenthood of the Heartland and ACLU of Nebraska filed an appeal with the Nebraska Supreme Court.
Governor Jim Pillen reaffirmed his intention to “end abortion in Nebraska” during a town hall meeting on June 28. His stance from his campaign is to ban abortion from conception.
LB 574 was the second attempt to pass abortion related legislation during the legislative session. LB 626 was a heartbeat bill that would have banned abortion after six weeks gestational age. The bill failed to advance by one vote, attributed to State Senator Merv Riepe, who did vote in favor for LB 574.
The current law bans abortion at 12-weeks gestational age. Gestational age is calculated from the first day of the last menstrual period of the pregnant individual, which means nine or ten weeks from fertilization.
By Aubrey Benton