Nebraska Lawmakers Weigh In On Roe Vs. Wade
By Gordon Hopkins
Friday morning, June 24, the United States Supreme Court announced in a 6-3 decision it had overturned Roe v. Wade, the 1973 decision that ruled a woman has the right to abort a pregnancy.
This decision does not outlaw abortions. It does, however, allow individual states to restrict or ban abortion altogether.
FJN reached out to a number of Nebraska politicians for reaction. Most responded with the same public statements they had already made. However, FJN did speak to Senator Tom Brandt, District 32, who said, “I have been a strong proponent of pro-life legislation during my time in the legislature, including voting for LB (Legislative Bill) 933 in the last session.”
Trigger Laws
LB933 was what is known as a “trigger law,” which is a law that is unenforceable when passed but intended to go into effect if there is a change that makes it enforceable.
Currently, 13 states have trigger laws that were intended to ban abortions if Roe v. Wade was overturned. Nebraska is not one of them.
LB933 was blocked by filibuster and did not make it out of the 2022 legislative session. According to the bill’s statement of intent, “LB933 would prohibit the performance of an abortion on live, unborn children upon the occurrence of one of three events: the overturn of Roe v. Wade, an amendment to the United States Constitution, or the passage of enabling legislation by the United States Congress. LB933 would provide for criminal penalties for any physician who performs an abortion, but allows for medical interventions that are necessary to preserve the life of the mother. The purpose of LB933 is to protect and promote society’s respect for human life, including the life of the unborn.”
Currently, abortion is still legal in Nebraska up to 20 weeks gestation. It will require an act of the Nebraska Legislature to change that.
Special Session
Rather than wait until the next legislative session, Governor Pete Ricketts has indicated his desire to call a special session of the Nebraska Legislature to consider the matter.
Senator Brandt told FJN, “I do not have a position on any hypothetical bills in a special session because I would want to see the bill before taking a position on it but I would be in support of legislation similar to LB 933.”
LB933 came up two vote short of breaking a filibuster. It is unclear if a special session would see a different result. One possible “X Factor” is the District One special congressional election scheduled for Tuesday, June 28, in which Republican Senator Michael Flood (District 19) and Democratic Senator Patty Pansing Brooks (District 28) are vying for the seat vacated by Congressman Jeff Fortenberry.
Flood supported LB933. Pansing Brooks opposed it. Whoever wins the special election, that person will need to be replaced and it is their replacement who will likely get to vote on the proposed legislation.
Results of the special election will not be available until after press time.
Supporters
A number of Nebraska public leaders and politicians support the Supreme Court’s Decision.
“Nebraska is a pro-life state because our citizens understand that life is the most precious gift of God’s grace,” said Republoican Jim Pillen, who is currently running for governor of Nebraska. “Today, the U.S. Supreme Court affirmed what we have long known to be true: Our constitution contains no right to murder an unborn child. I will do all I can to ensure that no more unborn babies are killed.”
In 2010, Mike Flood was a co-sponsor of LB1103, which restricts abortion after 20 weeks. Flood said, “Today, the Supreme Court has returned abortion-related policy decisions back to the states and the people, where they belong. I am proudly pro-life, and am proud to have sponsored and passed the nation’s first Pain-Capable Unborn Child Protection Act, which banned abortions at 20 weeks, when babies can feel pain. We helped pave the way for this landmark decision.”
Marion Miner, Associate Director of Pro-Life & Family Policy for the Nebraska Catholic Conference, issued a statement, “We are overcome with joy at the arrival of this day, for which we have waited, worked, and prayed for 50 years. Nebraska is once again free to protect preborn babies from the lethal violence of the abortion industry. This is cause for rejoicing and is also a mandate to act. We call upon our state lawmakers, and all people of goodwill, to enact protections for these babies from the moment of conception and to ensure that every pregnant woman in our state receives the care and support she needs for herself and her family to flourish. Be assured that the Catholic Church in Nebraska will redouble its efforts in the cause for human life.”
FJN followed up with the Catholic Conference and asked what sort of “care and support” they are calling for but, as of press time, has not received an answer.
Opponents
Shortly after the Supreme Court decision, Carol Blood, who is running for governor on the Democratic ticket, Tweeted, “Be clear about what Nebraska’s trigger bill does and how it violates a woman’s bodily autonomy. Nebraska’s trigger bill creates a police state where doctors must live in fear of being arrested and charged as felons for providing needed healthcare to their patients.”
Pansing Brooks Tweeted, “I’m angry because my daughter no longer has the same rights that I had.”
The American Civil Liberties Union (ACLU of Nebraska issued a statement, “Today, the U.S. Supreme Court issued a ruling overturning Roe v. Wade and Planned Parenthood v. Casey, decisions recognizing the constitutional right to abortion. Today’s decision is expected to lead to roughly half the states in the country banning abortion, denying an estimated 36 million Americans the fundamental right to decide for themselves whether and when to become a parent.”
That statement also noted, “Most Nebraskans are not in support of that plan. March polling on abortion rights in Nebraska found most respondents opposed a total ban and a majority of Nebraskans wanted Roe v. Wade to remain the law of the land.”
That poll was conducted by Impact Research and commissioned by ACLU earlier this year. According to the ACLU, the poll found 55 percent of respondents opposed a proposed ban and 40 percent of respondents supported it.
Hundreds of people protested the decision in Lincoln and Omaha over the weekend.
