Nebraska Supreme Court approves competing abortion ballots News
Carol M. Highsmith, Public domain, via Wikimedia Commons
Nebraska Supreme Court approves competing abortion ballots

Nebraska’s State Supreme Court unanimously ruled on Friday that competing constitutional initiatives on abortion can remain on the ballot for the election in November. The court held that the proposed amendment does not violate Nebraska’s single-subject rule, which ensures ballot measures focus on just one issue at a time.

One initiative looks to secure the right to abortion in the Nebraska Constitution up to the point of viability or even later if the woman’s health is at risk. The opposing measure would put the state’s 12-week abortion ban, passed by lawmakers in 2023, into the constitution, with exceptions for rape, incest, and the life of the mother.

Amending the state constitution requires that a petition earn more “yes” than “no” votes and reach at least 35% of the total votes cast in the election. If both abortion initiatives clear these hurdles, the petition with the most support will be added to the constitution.

The justices ruled in a similar case that the initiative “has a singleness of subject,” meaning that it meets the legal requirement and doesn’t violate the state’s rules on Friday. They also rejected a separate petition that sought to toss out both competing measures if a violation of the single-subject rule was found. Justice Lindsey Miller-Lerman, writing for the court, stated that the elements of the text, which anti-abortion activists claimed would establish multiple rights, “are not separate subjects but facets of the singular subject to create a constitutional right to abortion.”

Friday’s ruling secures both petitions on the ballot, just ahead of the secretary of state’s deadline for finalizing ballot measures. This marks a historic moment for Nebraska, as it is the first time competing petitions will appear side by side.

Abortion rights questions are set to hit ballots in nine other states this November.