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Supreme Court of Nebraska hears arguments on whether competing abortion petitions should stay on the ballot

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LINCOLN — They have made their case to voters when they were gathering signatures and on Monday supporters and opponents of reproductive rights took their campaigns to the Supreme Court.

The justices heard arguments on 3 separate lawsuits, two trying to kick the pro-reproductive rights Protect our Rights initiative off the ballot and one trying to keep both the Protect Women and Children, which seeks to enshrine a 1st trimester abortion ban into the constitution, and Protect our Rights initiatives on the ballot together.

One of those lawsuits looking to keep Protect our Rights off the ballot was funded and argued by the socially Conservative Thomas Moore Society.

“We simply said the plain meaning of this initiative. If you read it against the law that is out there, which is required. Will make it several subjects at least we have at least 5 subjects here,” said Matt Heffron, an attorney for the Thomas Moore Society.

Heffron argued that drafters for Protect our Rights drafted the language in their initiative specifically to trick voters into approving late term abortions.

“The bet is, that they think they can get enough votes for abortion to viability. But they will never get enough votes in Nebraska, and we know that, for late term abortion,” said Heffron.

But supporters of the iniatitive say that isn't the case.

“Late term abortions are really not a thing that is happening,” said Elizabeth Constance, one of 30 physicians suing to keep Protect our Rights on the ballot.

The supporters of Protect our Rights weren’t just fighting to keep reproductive rights on the ballot, but their opponents initiative as well.

They believe the language in both is similar enough that if one is disqualified, they both should be. But they are hoping the justices rule to keep both on the ballot and give the choice to voters.

“The court applies the existing standard to the Protect our Rights initiative then it is going to certify the other initiative and that is fine, we want the voters to have a choice for that,” said Paul Rodney with Arnold & Porter, a firm representing the physicians supporting Protect our Rights.