The Nebraska State Supreme Court unanimously ruled on Friday that competing constitutional initiatives on abortion can remain on the ballot for the upcoming election in November. The court determined that the proposed amendment does not violate Nebraska’s single-subject rule, which ensures that ballot measures focus on just one issue at a time. This ruling paves the way for voters to decide between two opposing measures, each addressing the contentious issue of abortion.
One initiative aims to secure the right to abortion in the Nebraska Constitution up to the point of viability or even later if the woman’s health is at risk. The opposing measure seeks to embed the state’s 12-week abortion ban, which was enacted by lawmakers in 2023, into the constitution. This ban includes exceptions for cases of rape, incest, and threats to the life of the mother.
Amending the state constitution in Nebraska requires a petition to receive more “yes” votes than “no” votes, in addition to reaching at least 35% of the total votes cast in the election. Should both abortion initiatives surpass these thresholds, the petition with the most overall support will be integrated into the state constitution.
The justices ruled in a similar case that each initiative adheres to the principle of a single subject, fulfilling the state’s legal prerequisites. The court also rejected a separate petition that sought to discard both measures if a violation of the single-subject rule were identified. Justice Lindsey Miller-Lerman, writing for the court, explained that the elements cited by anti-abortion activists as establishing multiple rights are actually “facets of the singular subject” of creating a constitutional right to abortion.
This ruling secures both petitions on the ballot, beating the secretary of state’s deadline for finalizing ballot measures. This development is particularly notable for Nebraska, as it marks the first time competing petitions on abortion will appear side by side. Abortion rights questions are scheduled to appear on ballots in nine other states this November, further reflecting the national significance of this issue.
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