LINCOLN — It’s been one year since Roe v. Wade was overturned in the U.S. Supreme Court, and like many other states, the future of abortion access remains uncertain in Nebraska.
The landmark abortion ruling in 1973 solidified the procedure as a federal right and prevented states from completely banning it. It was overturned on June 24, 2022, with the decision stating that Roe was “egregiously wrong” and that the constitution does not guarantee the right to abortion.
Since then, Nebraska lawmakers have made multiple attempts to restrict the state’s 20-week abortion ban, with the latest proposal finally making it to the finish line last month. Abortions in Nebraska are now prohibited past 12 weeks based on gestational age.
This restriction was a last-minute add-on to another bill — Legislative Bill 574 — that will restrict gender-affirming care for individuals under the age of 19, after a previous bill that would ban abortions around six weeks of pregnancy failed to advance. Supporters lauded the passage of LB 574, calling it a major victory for conservatives, and saying the legislation will take big steps in protecting mothers and children.
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“While there had to be compromises to the bill to ensure its passage, each life saved and protected matters,” Tom Venzor, executive director of the Nebraska Catholic Conference, said in an online statement. “Incremental wins are also important wins.”
At LB 574’s signing ceremony, Gov. Jim Pillen vowed to continue pushing for further abortion restrictions. According to 2021 statistics from the State Department of Health and Human Services, about 85% of Nebraska’s abortions happen beyond the six-week mark, while only about 13% happen after 12 weeks’ gestation.
According to data from the international nonprofit Society of Family Planning, following Roe’s overturn, the average monthly rate of abortions in Nebraska rose slightly, as it did in several other states that did not immediately restrict abortions following the decision. A Thursday statement from Planned Parenthood North Central States (PPNCS) said their organization has seen a 9% rise in abortion services in the last year.
The future of Nebraska’s current 12-week gestational ban is in question under a lawsuit from the American Civil Liberties Union of Nebraska alleging that LB 574 violates the state constitution’s single-subject rule. A temporary injunction is being sought through the case, and if granted, Nebraska would revert back to its 20-week ban.
Events in other states also could hold implications for Nebraska. Just last week, the Iowa Supreme Court rejected an attempt to reinstate the state’s six-week abortion ban. In other conservative states over the last year, voter referendums have protected abortion access and blocked attempts to increase restrictions.
State Sens. John and Machaela Cavanaugh of Omaha, along with other abortion rights supporters, called on GOP members of the House of Representatives on Friday to support efforts to codify Roe into law in Congress. John Cavanaugh said the high court’s ruling has made it difficult for women to know what care they can receive, and for medical professionals to know what care they can provide, setting a “chilling effect” on women’s health care.
The PPNCS statement said the overturning of Roe “created a manufactured state of confusion,” and has pushed women to travel out of state to seek their services, contributing to an 11% rise in second-trimester abortions, according to them.
“My day-to-day job hasn’t changed,” Sarah Traxler, chief medical officer at Planned Parenthood North Central States, said in the statement. “What’s changed is that politicians now regularly insert themselves into my exam room. What’s changed is that I see patients travel from states like Texas and Louisiana. What’s changed is that my colleagues in states where abortion is banned are now forced to ask lawyers what care they can provide. We all deserve so much better.”
Sandy Danek, president of Nebraska Right to Life, claimed opponents of abortion restrictions have spread misinformation about what the Supreme Court’s decision means. Roe being in place for 50 years set a tone that has led people to believe that they’ve always had the right to an abortion, she said.
However, Danek said last year’s ruling just gave states the individual right to determine what level of abortion access is needed. The decision amped up engagement on both sides of debate, which she said is a good thing. She said the ruling was both historic, and somewhat unusual in that it revised a previous decision.
“You don’t see the Supreme Court making these sorts of corrections,” Danek said.
While Danek was unsure how abortion access will change in Nebraska moving forward, in the meantime, she said the High Court decision is worth celebrating. Nebraska Right to Life is hosting an event in Lincoln on Saturday that Danek said she hopes will return on an annual basis.