Nebraska’s November ballot will feature competing abortion measures

Two abortion-related ballot measures will go before Nebraska voters in November.

The state Supreme Court ruled Friday morning that Nebraskans will be able to vote on both measures, one in favor of abortion rights and one against. The abortion rights bill asks voters whether they want abortion rights enshrined in the state constitution until a fetus is viable, or between 22 and 24 weeks of pregnancy. The anti-abortion rights measure seeks to codify the state’s current ban on abortion after 12 weeks of pregnancy.

The state Supreme Court heard oral arguments in three lawsuits over one or both amendments earlier this week. A conservative Christian law firm filed two lawsuits against the pro-choice measure on behalf of two local anti-abortion activists. The law firm, which recently lost a similar lawsuit against a Missouri pro-choice measure, argued that the abortion-rights measure violated state law requiring amendments to address only one issue. They argued that “reproductive freedom” encompasses more than one issue ― an argument that anti-abortion activists also used against Florida’s abortion-rights ballot measure.

The third lawsuit, filed by nearly 30 pro-choice doctors, argued that if one measure is allowed on the ballot, then both should be allowed.

It’s the first time competing abortion measures will come to a state vote since the Supreme Court repealed Roe v. Wade in 2022.

The state Supreme Court’s decision came just hours before the deadline to remove an amendment from Nebraska’s ballot.

Abortion rights amendments have been extremely effective in both Republican and blue states since Roe was overturned. When Americans have the opportunity to vote directly on abortion, they overwhelmingly vote for abortion rights. Recent polling shows that the anti-abortion measure has more support than the abortion rights measure, but not by much.