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A trio of last-minute lawsuits is putting pressure on the Nebraska Supreme Court to decide the fate of competing abortion amendment proposals ahead of the upcoming general election.

More than 20 doctors who support an abortion-rights amendment filed a lawsuit Friday, urging the court to either remove both abortion amendments from the ballot or allow both to remain. Their lawsuit joins two others, refiled the same day, from a Douglas County woman and a Lancaster County neonatologist, each seeking to eliminate the abortion-rights amendment from the ballot.

Supreme Court to Hear Oral Arguments

The Nebraska Supreme Court has agreed to hear all three lawsuits before Secretary of State Bob Evnen must finalize the Nov. 5 general election ballot on Sept. 13. Oral arguments are scheduled for 10 a.m. on Sept. 9. The lawsuits—two of which were brought by residents of Lancaster and Douglas Counties—highlight the intensifying legal battle over abortion rights in Nebraska.

In the newly filed lawsuit, the doctors argue that both amendments should be treated as a single issue, stating that voters should have the opportunity to weigh in on both simultaneously or not at all. They contend that the abortion-restriction amendment violates the constitutional rule requiring each ballot initiative to address only one subject, potentially confusing voters.

"The Restrictions Amendment and the Rights Amendment must both be included or excluded from the ballot together," the lawsuit asserts.

Nebraska abortion amendment lawsuits : Doctors Speak Out

Dr. Elizabeth Constance, a fertility specialist and one of the plaintiffs, emphasized the risks posed by the state's current abortion ban at 12 weeks gestational age. "We are united in the belief that complex medical decisions should be between patients and their trusted healthcare providers and free from government interference," she said.

The amendment that Constance and her fellow plaintiffs support would enshrine the right to abortion in the state Constitution until the point of "fetal viability," as determined by a healthcare provider. It also includes exceptions for the mother's health in later stages. Conversely, the amendment they oppose would limit abortion to the first trimester of pregnancy, with an exception for the mother's life, while still allowing the Legislature to impose stricter bans.

Nebraska Could Face Competing Amendments

If both ballot measures survive legal challenges, Nebraska could become the first state since the U.S. Supreme Court's 2022 reversal of Roe v. Wade to have competing abortion-related constitutional amendments on the same ballot. Should both measures pass, the one with the most votes would become law.

The lawyers representing the Douglas County resident, who operates a shelter for women with unplanned pregnancies, and the Lancaster County doctor opposing the abortion-rights amendment made critical updates to their filings on Friday. The refiled lawsuits now declare that the contents are "true and correct," removing previous qualifiers that may have jeopardized their validity in the eyes of the court.

Nebraska abortion amendment lawsuits : Legal Strategies Adapt

Douglas County resident Carolyn LaGreca and Lancaster County Dr. Catherine Brooks have again petitioned the Supreme Court to hear their cases as "original actions," citing the urgency of the situation. "We’re not going away," said Matthew Heffron, LaGreca's attorney from the socially conservative Thomas More Society.

Brooks' attorney, Brenna Grasz, relayed a statement Thursday from her client, criticizing the language of the abortion-rights amendment as "subjective, confusing, and unworkable." Brooks argued that it imposes vague and unscientific standards, potentially endangering both women and medical professionals.