The Nebraska Supreme Court has upheld a lower court opinion that the 2023 law that combined tighter restrictions on abortion and restrictions on gender-altering care for minors into a single measure did not violate the single-subject rule in the Nebraska Constitution.
Planned Parenthood of the Heartland and Dr. Sarah Traxler appealed the decision of the Lancaster County District Court that allowed LB 574 to move forward and take effect last year.
LB 574, the “Let Them Grow Act” was amended to include the “Preborn Child Protection Act”, which limited abortion after 12 weeks of pregnancy with certain limited exceptions, and provided enforcement through medical license revocation and civil fines.
Nebraska Attorney General Mike Hilgers had filed a cross-appeal, saying the single-subject challenge was a political issue, and not subject to review by the courts.
In their conclusion, the high court’s majority found no merit in Planned Parenthood’s argument, holding that even though abortion and gender-altering care are distinct types of medical care, provisions of LB 574 were encompassed within the regulation of permissible medical care, and rejected all other assignments of error.
Following the ruling, Governor Jim Pillen issued a statement saying “I am grateful for the court’s thorough and well-reasoned opinion upholding these important protections for life and children in Nebraska. There was a dark moment last year when many feared that a victory for unborn babies was impossible and that the pro-life coalition might break apart. I was honored to partner with faithful allies and leaders across the state to combine the abortion ban with protections for kids against irreversible sex change surgeries. We worked overtime to bring that bill to my desk, and I give thanks to God that I had the privilege to sign it into law. I immediately directed our state government agencies to swiftly bring these protections into effect. I am grateful for their work and for the work of the Attorney General to defend it.”
The court also rejected Hilger’s cross-appeal.
