Nebraska Supreme Court Upholds State’s 12-Week Abortion Ban and Trangender Care Restrictions

LINCOLN, Neb. – A new decision from the Nebraska Supreme Court means that the state’s 12-week abortion ban and restrictions on young transgender Nebraskans’ medical care will remain in effect.

In an opinion issued today, a majority of the court’s justices held that Nebraska state senators were within constitutional bounds when they combined the 12-week abortion ban and anti-transgender medical care restrictions into a single bill last year.

The decision comes out of a lawsuit brought by Planned Parenthood of the Heartland and its medical director, Dr. Sarah Traxler. The American Civil Liberties Union (ACLU), ACLU of Nebraska and Powers Law litigated the case, which hinged on the argument that state senators had violated the Nebraska Constitution’s requirement that “no bill shall contain more than one subject.”

Although today’s opinion rejected the state’s argument that the single-subject rule is a nonjusticiable ‘political question’ that can never be enforced by the courts, it agreed with the attorney general’s argument and an earlier Lancaster County District Court ruling that the provisions were linked by a general connection to health care — enough to meet the state constitution’s single-subject requirement.

Justice Miller-Lerman dissented from the majority’s interpretation of the single-subject requirement. Miller-Lerman wrote that it is not the justices’ role “to scour the bill in hopes of finding one subject that could conceivably explain inclusion of very different acts in one bill.”

Ruth Richardson, president and CEO of Planned Parenthood North Central States, made this statement on today’s decision:

“It is nothing short of heart-wrenching and infuriating to know that Nebraskans will continue to be denied the say they deserve in what should be private medical decisions. This ban has already devastated Nebraskans’ lives and will undoubtedly widen dangerous health inequities for people in rural areas, people of color, people with low incomes and young people,” Richardson said. “We understand that Nebraskans may feel anxious about their ability to access an abortion — now and in the future. We will proudly continue providing abortion care up to 12 weeks and we remain dedicated to helping our patients in Nebraska access the care they so desperately need, even if it means having to travel out of state. We will never stop fighting for freedom, bodily autonomy and the health of our communities.” 

Mindy Rush Chipman, executive director of ACLU of Nebraska, made this statement:

“We respectfully disagree with the court majority’s determination, and we had of course hoped for a very different outcome,” Rush Chipman said. “But looking beyond the legal arguments of this specific case, it is so important that Nebraskans do not lose sight of the impact of these restrictions. Nebraskans have been harmed every week since the governor signed LB 574 into law. That will continue under today’s ruling. However, this case will not be the final word on abortion access and the rights of trans youth and their families in Nebraska. Despite this loss, we will continue to do all that we can to ensure that Nebraskans can make their own private decisions about their lives, families and futures.”

Gov. Jim Pillen signed the challenged bill into law in May of 2023. The 12-week abortion ban took effect that month. Restrictions on medical care for trans youth took effect in October of 2023.