Amid the 2024 election, a Nebraska abortion ballot measure passed on Tuesday that enshrines the state's current ban on abortions after the 12th week of pregnancy in the state constitution.
What Was Abortion Access Like in Nebraska?
Nebraska was one of several other states voting on constitutional amendments to protect reproductive rights this election cycle, as abortion in the state is currently banned after 12 weeks of pregnancy. Last year, the state enacted a law prohibiting abortion starting at 12 weeks of pregnancy except in medical emergencies or when pregnancy results from sexual assault or incest.
Abortion has been a key issue amid this year's election since the U.S. Supreme Court overturned Roe v. Wade in the summer of 2022, as many Republican-controlled states have put abortion restrictions into effect, with 21 states banning or restricting the medical practice at every stage of pregnancy.
However, most Democratic states have laws or executive orders in place to protect access. Voters in California, Kansas, Kentucky, Michigan, Montana, Ohio, Vermont and Arizona have taken steps to adopt similar ballot measures, hoping to put the abortion issue directly before voters.
What Is Initiative 439 and Initiative 434?
There were two abortion-related ballot measures in which voters could either enshrine abortion access with Initiative 439 or open the door for further restrictions with Initiative 434.
Initiative 439 would allow abortions until fetal viability—usually around 20 to 24 weeks, or when needed to protect the life or health of a pregnant woman, without interference from the state. The amendment is similar to abortion-rights measures going before voters in other states.
Meanwhile, Initiative 434 would amend the state constitution to prohibit abortion in the second and third trimesters or after 12 weeks—with some exceptions. It is supported by Nebraska Right to Life, an anti-abortion rights group. While this measure would not cause major changes at the ground level, it might make it harder to challenge the state's abortion law and could open the door for further restrictions.
By How Much Did the Abortion Measure Pass?
The abortion measure, Initiative 434, passed with 55.3 percent of voters for the measure with 496,626 votes, according to NBC News.
Initiative 439, which would have established a right to abortion until fetal viability failed, with 51.2 percent or 460,380 votes against the measure and only 48.8 percent or 439,136 votes for the measure.
According to the Nebraska Constitution, the winning measure with the most votes shall become law "as to all conflicting provisions." State law says the governor shall proclaim which provision is paramount.
Since Initiative 434 passed, a court could determine that it conflicts with the abortion-rights measure only in the second and third trimesters, Brandon Johnson, an assistant law professor at the University of Nebraska, previously told the Associated Press.
That could create a scenario where abortion is elevated as a fundamental right during the first trimester but restricted in the second and third.
However, despite the passage of the measure, lawsuits could soon follow Tuesday's decision as abortion rights continue to be a divided issue across the country.
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