The Nebraska Supreme Court has ruled that both a proposal to expand abortion rights and a measure to limit them can appear on the November ballot.
The decision allows Nebraskans to vote on two opposing abortion-related amendments during this year’s election after multiple lawsuits sought to prevent them from being included, as ABC News reports.
On Friday, the Nebraska Supreme Court decided to allow the competing initiatives after hearing legal challenges earlier in the week. Organizers of both measures had submitted over 200,000 signatures each, far surpassing the required 123,000 signatures to qualify for the ballot. The ruling came just in time to meet Friday's deadline for certifying the November ballot.
The first measure aims to expand abortion rights in Nebraska by enshrining the right to abortion until viability in the state constitution, with further protections for the pregnant woman’s health. The second initiative, on the other hand, seeks to make the state's existing 12-week abortion ban a permanent part of the constitution. The current law allows exceptions for cases of rape, incest, and when the pregnant woman’s life is in danger.
Two lawsuits were filed challenging the abortion rights expansion initiative, arguing that it violated Nebraska's single-subject rule for ballot measures. A third lawsuit was filed against the 12-week ban initiative on similar grounds. After reviewing these arguments, the state Supreme Court ruled that neither measure violated the single-subject rule, clearing the way for both to appear on the ballot.
This marks the first time that a state will have two competing abortion amendments on the same ballot since the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade. Other states, including Arizona, Florida, Colorado, and Maryland, are also set to have abortion-related measures on their ballots this year, with voters often favoring abortion rights in the wake of Roe's reversal.
The Nebraska Supreme Court’s ruling was critical, given the tight deadline to finalize the ballot. In a written opinion, Justice Lindsey Miller-Lerman emphasized that the specific provisions of the measures did not represent separate subjects, rejecting the lawsuits’ claims.
The ruling has sparked passionate reactions from both sides of the debate. Organizers of the abortion rights expansion celebrated the decision as a victory. Allie Berry, campaign manager for Protect Our Rights, said, “Anti-abortion politicians forced an abortion ban into law and then coordinated with activists to launch desperate lawsuits to silence over 200,000 Nebraskans by preventing them from voting on what happens to their bodies. They know Nebraskans want to end the harmful abortion ban and stop government overreach in their personal and private healthcare decisions. Today, their plans failed.”
Meanwhile, Matt Heffron, an attorney with the Thomas More Society, a conservative legal group that opposed the abortion rights initiative, expressed disappointment. He described the ruling as “deeply concerning” and warned that the passage of the abortion expansion measure could lead to more late-term abortions in Nebraska.
If both measures pass in November, the one with the higher number of votes will be the one that takes effect. This sets the stage for a contentious and highly watched election in Nebraska.
Nebraska joins a growing number of states where the future of abortion rights is being determined directly by voters. Since Roe v. Wade was overturned, many Republican-led states have implemented strict abortion bans, including 14 states with near-total bans and four states that restrict abortion after six weeks. Nebraska’s current ban is more moderate, starting at 12 weeks, but could be permanently enshrined if voters approve the ballot measure in November.
Public opinion on abortion has shifted toward stronger support for abortion rights in recent years. In states where abortion measures have been on the ballot since the reversal of Roe, voters have consistently favored protecting abortion access. Nebraska’s upcoming vote could either follow this trend or further solidify restrictions in the state.
This year, abortion-related ballot measures will be featured in nine states. Along with Nebraska, states like Arizona, Nevada, and Missouri are set to vote on the issue. New York is also considering a measure to protect abortion access, though it remains contested in court. Even in traditionally conservative states like Arkansas, efforts are underway to put abortion rights on the ballot.
