“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.
