ACLU Announces Lawsuit to Block LB574

In a much anticipated move, the Nebraska ACLU (American Civil Liberties Union) and Planned Parenthood have announced a lawsuit to block LB (Legislative Bill) 574, which restricts both abortion and trans health care.The bill was originally called the “Let Them Grow Act” and, per the statement of intent, “LB 574, to be known and cited as the Let Them Grow Act, would prohibit the performance of gender altering procedures for individuals under the age of 19, provide for definition of terminology and allow for civil action to be brought against violators of the act.” An amendment to that bill prohibits most abortions after 12 weeks. With this amendment, the bill became the “Let Them Grow Act and the Preborn Child Protection Act and provide for discipline under the Uniform Credentialing Act.”The bill was voted on May 19 and won, 33 to 15. Governor Jim Pillen signed the bill into law on May 22.“Today is a historic day in the State of Nebraska. It is a day where we are standing up and protecting our kids so that they can have a better and brighter future,” said the Governor at the signing ceremony. “LB 574 is the most significant win for social conservatives in a generation, and is part of what has been a historic legislative session with senators voting for policies that protect our kids, cut taxes, grow agriculture, and defend our Nebraska values.”Senator Joni Albrecht spoke about the 12-week abortion ban that was included in the legislation.“Every human being has a right to Life, Liberty, and the pursuit of Happiness,” said Albrecht. “I look forward to the day when every child is protected from conception from elective abortions in the State of Nebraska.”Senator Kathleen Kauth discussed the portion of the bill that halts gender-altering procedures for minors, “I was very pleased and proud to introduce LB574, the Let Them Grow Act, and I am so grateful to all the senators who worked with me to shape and improve the bill.”The Basis of the LawsuitA prior abortion bill, LB 626, the “Adopt the Nebraska Heartbeat Act,” was intended to prohibit an abortion if a fetal heartbeat is detected, failed to advance after supporters were unable to break a filibuster. After the failure of that bill, the abortion amendment, introduced by Senator Ben Hansen, was added to LB 574.This forms the basis of the ACLU's lawsuit, which was filed the morning of May 30 in Lancaster County District Court on behalf of Planned Parenthood of the Heartland and Dr. Sarah Traxler, chief medical officer of Planned Parenthood North Central States.In a statement, the ACLU cites language from the Nebraska State Constitution, “No bill shall contain more than one subject.”“Although both components of LB 574 took away Nebraskans’ freedoms, ultimately we are talking about two entirely unrelated subjects: gender-related care for trans youth and abortion access,” said Mindy Rush Chipman, ACLU of Nebraska interim executive director. “We believe the combination of those bans violated the clear text of our state’s constitution. And the end result of senators’ failure to adhere to the single subject requirement was a rushed process that circumvented critical legislative guardrails. The bottom line is that senators do not get to pick and choose which constitutional requirements they will follow when making laws. We look forward to making our case as litigation progresses.”According to the ACLU's statement, “The abortion restrictions, which took effect May 23, are already impacting patient care. Planned Parenthood is currently attempting to help patients impacted by the new ban find care in nearby states. If past numbers hold steady, more than 200 patients each year will be impacted by the ban, forced to either leave the state for abortion care or to carry a pregnancy to term against their will and potentially against their doctors’ best medical judgment.”Ruth Richardson, CEO of Planned Parenthood North Central States, said of the litigation, “Nebraskans are already being harmed under this dangerous abortion ban that was pushed through the Legislature using unprecedented tactics.”Richardson said, “We are already having to inform patients that they will be unable to get the critical health care they need in Nebraska, and we only expect to see that number grow. We will do everything in our power to restore what should be a fundamental right to bodily autonomy. Nebraskans deserve the right to make private health care decisions that are best for them, their families, and their futures—not politicians, who now have more control over our bodies than we do. And we will not stop until Nebraskans have that right today and for generations to come.”The Nebraska Attorney General’s Office will have 30 days to respond to the lawsuit after being served.

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