On Election Day, Nebraska Supreme Court establishes a confrontation over abortion with competing ballot proposals.

Nebraska's abortion law prohibits terminations after 12 weeks, except in certain circumstances.

On Election Day, Nebraska Supreme Court establishes a confrontation over abortion with competing ballot proposals.
On Election Day, Nebraska Supreme Court establishes a confrontation over abortion with competing ballot proposals.

On election day, the Nebraska Supreme Court has approved two competing ballot measures regarding abortion policy for voters to decide.

Abortion advocates propose a ballot measure that would establish a fundamental right to abortion until fetal viability, while opponents propose a measure to codify the state's current 12-week abortion ban into the constitution.

Nebraska law permits exceptions in instances of rape, incest, or the mother's life being at risk.

The competing ballot measure was challenged by anti-abortion groups through two lawsuits, claiming it violated the state policy that such measures should address only one subject.

The ballot measure deals with three separate issues: abortion rights until viability, abortion rights after viability to protect a woman's health, and whether the state should be allowed to regulate abortion.

Voting booths
Nebraska voters will decide the state's future regarding abortion laws on election day, with two competing ballot measures.

The state Supreme Court upheld the constitutionality of the measure, enabling it to be placed on ballots.

More than 200,000 signatures were submitted by organizers for each ballot measure, exceeding the 123,000 signature requirement.

The court battle over abortion is being used by Democrats as a key issue to gain an advantage over Republicans. This was evident during last week's presidential debate, where Vice President Kamala Harris criticized the end of Roe v. Wade under former President Trump.

Harris on ABC debate stage
Harris argued that Trump would sign a national abortion ban if he is elected in November. (Doug Mills/The New York Times/Bloomberg via Getty Images)

Trump rejected Harris' claim that he would sign a national abortion ban into law if elected, instead emphasizing ballot measures like those currently happening in Nebraska.

Trump stated that he is not in favor of an abortion ban, but it's irrelevant since the issue is now under the control of the states.

"Ronald Reagan also believed in exceptions for rape, incest, and life of the mother, and 85% of Republicans agreed that these exceptions are very important," he said.

Trump speaks in Tucson, Arizona
Trump argues that abortion laws should be handled by the states, not the federal government. (AP Photo/Ross D. Franklin)

Since the Supreme Court overturned Roe v. Wade in 2022, many states have enacted ballot measures on abortion. Some, such as California, have strengthened abortion rights, while others, like Louisiana, have tightened restrictions on the procedure.

by Anders Hagstrom

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