August 15, 2023

Judge Upholds Nebraska's 12-Week Abortion Law

On August 11, a district court judge in Nebraska upheld the state's law protecting the unborn from abortion at 12 weeks gestation and beyond. The law contains exceptions for rape, incest, and to save the mother's life.

After Nebraska Gov. Jim Pillen (R) signed LB 574 into law in May 22, Planned Parenthood and the ACLU challenged the law on grounds that it violates the Nebraska Constitution's "single-subject" rule. The law deals simultaneously with "gender-altering surgery" for minors and protections for the unborn.

Lancaster County District Court Judge Lori Maret ruled that the law is constitutional because its content was entirely about healthcare.

“I am grateful for the court’s thorough decision,” said Gov. Jim Pillen. ”I was proud to sign into law a measure that protects kids and defends the unborn, and I am pleased that it has been upheld. Thank you to the Attorney General and his litigation team for defending this important law.”

Nebraska Attorney General Mike Hilgers said, “We are thankful for the court’s thoughtful analysis and recognition of the Legislature’s prerogatives and processes. As a result of today’s order, LB 574 remains law in Nebraska.”

The ACLU has already announced its intent to appeal Maret's ruling. In the meantime, Nebraska can enforce its law to protect the unborn.