Nebraska’s Single-Subject Imperative on Abortion

In Nebraska, two abortion measures are set to be evaluated by the state Supreme Court, which will hear arguments on September 9. The Nebraska Right to Abortion Initiative seeks to ensure access to abortion until fetal viability, while the Nebraska Prohibit Abortions After the First Trimester Amendment proposes a 12-week ban with exceptions for rape, incest, and the life of the mother. This situation is unprecedented, as no state has previously presented voters with two abortion measures in the same election cycle. Challenges to the pro-choice initiative argue that it violates the state constitution's single-subject provision, with critics claiming it introduces multiple subjects, including a new medical standard for fetal viability. A group of doctors has also filed a challenge, advocating for consistency in the court's ruling: if the pro-choice measure is disallowed, the anti-abortion measure should also be struck down, or both should remain on the ballot. The Nebraska Supreme Court's previous rulings have created uncertainty regarding the single-subject rule. In a 2020 case, the court invalidated a medical marijuana amendment for containing multiple subjects, while a June ruling allowed a law combining abortion and gender-affirming care restrictions, citing their relation to permissible medical care. This inconsistency raises concerns among supporters of the abortion rights initiative, who fear a politically motivated decision. The outcome of these measures could significantly influence voter turnout in the upcoming presidential election, particularly among Democratic-leaning voters in Omaha. The implications of the court's decision extend beyond state politics, potentially affecting the national electoral landscape.