LINCOLN — Just because a petition gathers enough signatures to qualify doesn't meant mean it always makes it to the ballot.
We saw it happen in 2020 with Medical marijuana, that initiative was certified before a successful lawsuit argued it violated the state constitution's single subject rule.
In 2024 a similar thing is happening with opponents wanting to keep abortion off the ballot.
"Not to say that one lawsuit is better than the other, our position remains that we want both petitions to be voted on by Nebraska voters," said Josh Livingston.
Josh Livingston is an attorney who is representing a group of physicians who are suing, asking the Supreme Court to either certify both abortion petitions or remove them both from the ballot.
This comes after two lawsuits were filed last week, one funded by the Socially Conservative Thomas Moore Society, both seeking to remove the Protect our Rights initiative from making it to voters.
"We have an amazing team of physicians who have been brave, courageous and willing to stand up for the rights of Nebraskans and the legal team behind this is inspired by their efforts," said Livingston.
All three lawsuits will be heard in front of the State's Supreme Court on Monday.
Livingston expects many of the questions to come down to the issue that previously kicked Medical Marijuana off the ballot, the single subject rule.
That ruling was not unanimous however, with two Justices dissenting.
In Nebraska laws, including constitutional amendments, may only cover one subject and the Court typically holds constitutional amendments to a stricter standard that laws passed through the legislature.
Both sides are arguing the other violates this rule and Livingston's team wants the Supreme Court to rule that either they both qualify or neither does.
"This petition is about ensuring access to healthcare, the subject is access to healthcare. The definitions that clarify that access to healthcare are not separate subjects, they are definitions of that expansion," said Livingston.
