All petitions on abortion, school choice to appear on Nebraska’s Nov. ballot

Justices say abortion rights petition did not violate “single subject” rule
The Justices said Friday that the Abortion Rights petition did not violate the “single subject” rule.
Published: Sep. 13, 2024 at 8:50 AM CDT|Updated: Sep. 13, 2024 at 6:05 PM CDT
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LINCOLN, Neb. (WOWT) - The Nebraska Supreme Court ruled Friday on state ballot items regarding abortion and school vouchers.

They said that all three issues regarding abortion and school choice will be appearing on the November ballot.

The first case looked to toss the petition to protect abortion rights. The Justices said Friday that petition did not violate the “single subject” rule.

The Thomas More Society argued against the measure earlier this week. Senior counsel Matt Heffron said if voters pass it, it will allow abortions up to birth.

“This initiative will force them to vote not only for early abortion—which would be a viability abortion—but also, they’d have to accept late-term abortion,” Heffron said. “Those are two entirely different subjects. The supreme court disagreed with us, and we’ll just have to leave it at that.”

Attorney Josh Livingston, who argued in favor of the Protect the Right to Abortion initiative, said he’s proud of the outcome.

“We were confident that this language did not violate any of the single-subject issues, and ultimately would and should have ended up on the ballot,” Livingston said.

PROTECT WOMEN AND CHILDREN COMMITTEE’S STATEMENT
PRIESTS FOR LIFE’S STATEMENT

He said he’s also glad the court is allowing the other ballot measure known as “Protect Women and Children to go to the voters. It would prohibit abortions in the second and third trimesters, with exceptions for sexual assault, incest, or medical emergency.

He encouraged everyone to read both of the initiatives and the Secretary of State’s language on them.

For his part, Heffron said the next step is to get abortion opponents in the area out and about to educate voters so they don’t vote for something they didn’t expect.

PROTECT OUR RIGHTS’ STATEMENT

The court also determined the petition to repeal LB1402—Nebraska’s new school voucher law—will also be left to the voters.

In its decision, the court said the state’s constitution requires a specific appropriation is made to authorize spending public funds, and that LB1402 does not make an appropriation at all.

Nebraska State Education Association President Tim Royers said the court made the appropriate decision.

“The legislature passed two separate bills,” Royers said. One was 1402, which set up the framework for the voucher program. But the other was called 1402A, which is the appropriations bill that then sets aside the money for that program. We did not put 1402 on the ballot. We only put the program itself on the ballot for our petition drive. So we’re glad that the court saw that distinction.”

Sen. Lou Ann Linehan, who authored that bill, disagreed.

“The speaker will speak to this, I’m sure,” Linehan said. “We all said it was an appropriation. And then somehow, the supreme court decides it’s not? It’s very bad.”

She said if the court’s decision stands the way it is now, it will change legislative processes.

She reiterated the vouchers program benefits children whose parents don’t have enough money to send them to schools that they feel have better learning options.

On the other side, Royers said his organization will quickly get started having conversations with the community about the ballot initiative to clear up any confusion. However, he thinks this one will be simpler for people to understand because it will simply use the words “repeal” or “retain” on the ballot.

See the case on school vouchers:

SUPPORT OUR SCHOOLS’ STATEMENT
NEBRASKA CATHOLIC CONFRENCE’S STATEMENT

This is a developing story. Stay with 6 News for updates.

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