Nebraska's Abortion Trigger Law: What You Need To Know

Nebraska's abortion laws have been subject to much debate and change in recent years. The state currently enforces a 12-week abortion ban, with limited exceptions, and has separate statutes prohibiting abortion after 20 weeks and after the fetus reaches viability. The state's abortion laws are among the most restrictive in the nation, and the battle over abortion rights in Nebraska continues to be a highly contested issue.

Nebraska's 12-week abortion ban

Nebraska currently enforces a 12-week abortion ban, with limited exceptions. The law, LB 574, was signed by Governor Jim Pillen on May 22, 2023, and includes exceptions for rape, incest, and saving the life of the mother. The bill also restricts gender-affirming care for minors.

The 12-week abortion ban is the first abortion restriction passed in Nebraska since the US Supreme Court struck down the Roe v. Wade ruling in 2022, which had established a nationwide right to abortion. Previously, Nebraska banned abortion starting at approximately 20 weeks of pregnancy, becoming the first state in 2010 to use the disputed notion of fetal pain as a rationale for this.

The Nebraska state legislature approved the 12-week abortion ban and restrictions on gender-affirming care for minors in May 2023, following a contentious debate that saw insults traded and promises of retribution made, as well as protests inside and outside the chamber. An emergency clause is attached to the bill, meaning it will take effect as soon as the governor signs it.

In November 2024, two competing measures will appear on the Nebraska ballot regarding abortion. The Nebraska Right to Abortion Initiative would enshrine abortion rights in the state constitution up until fetal viability, or around 24 weeks of pregnancy, with exceptions beyond that time for a woman's life and health. The other measure would enshrine the current 12-week ban in the state constitution.

Nebraska's trigger law

The law also regulates puberty blockers for minors and bans gender-altering surgeries for minors, with these provisions taking effect on October 1, 2024. LB574 faced legal challenges based on the argument that the Nebraska Legislature violated the single-subject rule for state legislation by joining the abortion ban with a ban on gender-affirming care for transgender minors. However, the Nebraska Supreme Court upheld the law in July 2024.

Nebraska has a history of abortion restrictions, with the state legislature passing several laws over the years. The state was the first to use the disputed notion of fetal pain as a rationale to ban abortion after 20 weeks in 2010. In 2013, Nebraska's Targeted Regulation of Abortion Providers (TRAP) law was expanded to include medication-induced abortions and private doctor's offices. The state also has a prohibition on D&E procedures, which was enacted in 2020.

In addition to the 12-week ban, Nebraska law requires mandatory counseling and a 24-hour waiting period for those seeking abortion care. Minors must obtain parental consent or a judge's approval to bypass consent. Only licensed physicians can perform abortions, and they must be physically present in the same room as the patient, effectively banning telehealth services for abortion medication.

Nebraska's Heartbeat Act

The bill requires doctors to perform an ultrasound and listen for a fetal heartbeat before proceeding with any abortion. If a heartbeat is detected, an abortion may not be performed unless the pregnancy is the result of rape or incest, or if the mother's life is at risk. LB626 does not impact IVF, contraception, miscarriages, or ectopic pregnancies, and only applies to intrauterine pregnancies with a detectable heartbeat.

The bill failed to advance in April 2023, falling one vote short of the 33 votes needed to end a filibuster. Despite this, a recent survey found that a majority of Nebraskans support protecting unborn children with detectable heartbeats, with 58% supporting a bill like LB626 that allows exceptions for rape, incest, or to save the mother's life.

Currently, abortion is illegal in Nebraska after the 12th week of pregnancy, with exceptions for rape, incest, and saving the mother's life. This 12-week ban, known as LB574, was signed into law by Governor Jim Pillen and took effect immediately. The law also includes regulation of puberty blockers for minors and a ban on gender-altering surgeries for minors.

Nebraska's abortion restrictions

Nebraska currently enforces a 12-week abortion ban, with limited exceptions. This law, called LB574, was signed into law by Governor Jim Pillen in October 2024. The law also includes the regulation of puberty blockers for minors and a ban on gender-altering surgeries for minors.

In May 2023, advocates challenged the 12-week abortion ban in state court, but the court dismissed the challenge. Nebraska law also prohibits abortion at 20 weeks post-fertilization and after viability.

Nebraska's targeted regulation of abortion providers (TRAP) laws includes requirements related to facilities and reporting. Nebraska law restricts the provision of abortion care to licensed physicians and restricts providers from using telemedicine for abortion care.

Nebraska law mandates a 24-hour waiting period, biased counseling, and an ultrasound at least one hour before an abortion for pregnant people seeking abortion care. The law also requires parental, legal guardian, or judicial consent for a minor's abortion.

In 2010, Nebraska became the first state to use the disputed notion of fetal pain as a rationale to ban abortion after 20 weeks. In 2013, the state's TRAP law was expanded to include medication-induced abortions and private doctor's offices in addition to abortion clinics.

Nebraska does not have an abortion "trigger law", which would outlaw abortion from conception with no exceptions. However, the state has a history of restrictive abortion laws and has been at the forefront of the abortion debate. In 1997, Nebraska enacted a law prohibiting "partial-birth abortion", which was later deemed unconstitutional by the Supreme Court as it did not consider the life of the mother.

Nebraska's abortion ballot initiatives

Nebraska currently has a 12-week abortion ban in place, with exceptions for rape, incest, and saving the mother's life. This law was signed by Gov. Jim Pillen on May 22, 2023.

On November 5, 2024, two competing measures related to abortion will appear on the Nebraska ballot. The first is the Nebraska Right to Abortion Initiative, which seeks to enshrine abortion rights in the state constitution until fetal viability, or around 24 weeks, with exceptions beyond that time for a woman's life and health. The second measure would enshrine the current 12-week ban in the state constitution.

The Nebraska Right to Abortion Initiative is supported by a group called Protect Our Rights, which includes organisations such as Planned Parenthood Advocates of Nebraska, Women's Fund of Omaha, and Nebraska Civic Engagement Table.

The opposing measure is led by the Nebraska Catholic Conference and Nebraska Right to Life. This proposal seeks to ban abortion after the first trimester, except in cases of medical emergency, rape, or incest.

Both measures have gathered enough signatures to appear on the ballot, with the former reportedly collecting over 207,000 signatures and the latter 205,000.

The outcome of these ballot initiatives could have significant implications for abortion access in Nebraska and may impact voter turnout for competitive races in the state.

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