LINCOLN — Last ditch efforts to keep two competing abortions off the ballot has failed after a unanimous ruling by the Nebraska Supreme Court released Friday morning.
Opponents had argued, among other things, that the Protect Our Rights initiative violated the State Constitution’s single subject rule, as they felt creating a new right to abortion and defining when it can happen and who can decide an abortion is necessary all counted as separate subjects but the justices did not agree. Opponents also argued the initiative was too vague and overly broad but the justices were not convinced.
This will likely be the last challenge to voters getting to decide the future of abortion as ballots must be finalized by September 13th, the same day the decision was handed down.
Protect Our Rights released a statement celebrating the decision saying in part,
“We are on the ballot. This is a victory for all Nebraskans. 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 and we’re grateful the Supreme Court unanimously affirmed what we’ve said from the beginning: Let the people vote!”
A separate challenge filed by 30 physicians in support of Protect Our Rights petitioned the court to either certify both ballots or to keep both off the ballot. Like the first case judges ruled unanimously against that challenge, allowing voters a choice on both initiatives. Secretary of State Bob Evnen has said that both initiatives could be passed by voters, in that case whichever initiative receives the most total votes will become law.
