LINCOLN, Neb. (KMTV) — The latest chapter in Nebraska’s battle over abortion took place in a district courtroom in Lincoln on Wednesday morning.
Plaintiffs in the case, Planned Parenthood of North Central States and its Chief Medical Officer Sarah Traxler M.D., were seeking an injunction on enforcement of the abortion clause in LB 574.
The heart of their arguments is that the law violates Nebraska’s constitution and its single subject clause.
“This abortion ban was combined with an unrelated bill on gender-affirming care for youth. But we should remember there was a separate bill to bring an abortion ban this session. It was only after that bill failed to pass into law that it was amended into this unrelated bill in an impermissible way,” said Jane Seu, legal policy counsel for the ACLU of Nebraska.
The attorney general's office, though, says the court needs to look past the changes that LB574 went through.
In a legal brief submitted on Tuesday, the AG's office argues, saying in part, “Arguments about how LB 574 passed the legislature are irrelevant and unjustifiable; rather, the relevant product for the Court’s consideration is the end result of that legislative process.”
The attorney general's office goes even further to argue that Planned Parenthood, as an abortion provider, has no standing to sue. Claiming doctors can’t sue on behalf of their patients.
But attorneys for Planned Parenthood argue the ruling isn’t just harming patients, but providers as well.
“It's clear in what this bill does, in that it regulates our clients and what we do. It's very obvious that an abortion provider has suit to challenge an abortion ban,” said Seu.
The greatest harm though, the AG’s office argues, is to the unborn children the law was enacted to protect.
Judge Lori Maret took both arguments under consideration and said she will later issue her ruling in writing but the judge did not give any indication when that ruling might come down.
Even if the ruling doesn’t go their way The ACLU says they will be ready to re-adjust to protect reproductive rights.
“We are hopeful for a good outcome and whatever happens we will be ready to respond with whatever outcome comes from the court,” said Seu.
Download our apps today for all of our latest coverage.
Get the latest news and weather delivered straight to your inbox.
