The Nebraska Supreme Court has set up a major abortion policy showdown for election day, approving two competing ballot measures to go before voters.
One ballot measure, put forward by abortion advocates, would enshrine a fundamental right to abortion “until fetal viability.” The other measure, put forward by abortion opponents, would codify the state’s current 12-week abortion ban into the state’s constitution.
Current Nebraska law allows for exceptions in the case of rape, incest or the life of the mother.
Anti-abortion groups had filed a pair of lawsuits challenging the competing ballot measure, arguing it violated state policy requiring that such measures pertain to only one subject.
The lawsuits argued the ballot measure deals with abortion rights until viability, abortion rights after viability to protect a woman’s health, and whether the state should be allowed to regulate abortion, amounting to three separate issues.
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The state Supreme Court struck down those challenges in a Friday ruling, allowing the measure to appear on ballots.
Organizers for each ballot measure turned in more than 200,000 signatures supporting them, well over the 123,000 requirements.
The court battle comes as Democrats across the country seek to use abortion as a key issue to outplay Republicans. The effort was on full display during last week’s presidential debate, with Vice President Kamala Harris blasting the end of Roe v. Wade under former President Trump.
Harris argued Trump would sign a national abortion ban into law if he is elected in November. Trump rejected that claim and instead pointed to ballot measures like the ones now playing out in Nebraska.
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“As far as the abortion ban, no, I’m not in favor of an abortion ban, but it doesn’t matter, because this issue has now been taken over by the states,” Trump said.
“I believe in the exceptions for rape, incest and life of the mother,” he said. “I believe strongly in it. Ronald Reagan did also. Eighty-five percent of Republicans knew exceptions are very important,” he said.
Many states have adopted ballot measures on abortion since the Supreme Court struck down Roe v. Wade in 2022. Some, like California, enshrined abortion rights more firmly into law. Others, like Louisiana, paved the way for more restrictions on abortion.
