Restrictions

The Nebraska Constitution prohibits abortion care after the first trimester except when the pregnant person experiences a medical emergency or the pregnancy is the result of sexual violence.^[1]Ne. Const. art. 1, § 31 Voters approved this amendment in November 2024.^[2]Margery A. Beck, Josh Funk, Voters back Nebraska’s ban on abortions after 12 weeks of pregnancy and reject a competing measure, AP News (Nov. 6, 2024). Nebraska law generally prohibits abortion at twelve weeks LMP,^[3]L.B. 574, 108th Leg., 1st Reg. Sess. (Neb. 2023). twenty weeks post-fertilization, and after viability.^[4] Neb. Rev. Stat. § 28-3106; id. § 28-329. In May 2023, advocates challenged the twelve week abortion ban in state court, however, the court dismissed the challenge.^[5]Planned Parenthood of the Heartland and Sarah Traxler v. Hilgers, No. CI 23-2820 (Neb. Dist. Ct. Aug. 11, 2023) (sustaining Defendant’s motion to dismiss Plaintiff’s challenge to the 12-week ban … Continue reading The state has a prohibition on D&X procedures, although the Supreme Court held that the statute is unconstitutional.^[6]Id. § 28-328; Stenberg v. Carhart, 530 U.S. 914 (2000). In 2020, Nebraska banned D&E procedures.^[7]Neb. Rev. Stat. §§ 28-347(1), 28-326 Pregnant people who seek abortion care must undergo a mandatory twenty-four-hour waiting period; biased counseling; and, if utilized, have an ultrasound at least one hour before an abortion.^[8]Id. § 28-327. Nebraska also limits public funding for,^[9] NEB. REV STAT. §§ 71-7606(3), 71-705; id. § 44-1615.01. and private insurance coverage of, abortion.^[10]NEB. REV. STAT. § 44-8403. Nebraska law requires that a parent, legal guardian,^[11]Id. § 71-6902. or judge^[12]Id. §§ 71-6903 to 71-6905. consent to a minor’s abortion.

Nebraska’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities^[13]Id. § 71-416(1), (2); 175 NEB. ADMIN. CODE § 7-003. and reporting.^[14]NEB. REV. STAT. § 28-343. Nebraska law restricts the provision of abortion care to licensed physicians^[15]Id. § 28-335(1). and restricts providers from using telemedicine for the provision of abortion care.^[16]Id. § 28-335. Providers who violate Nebraska’s abortion restrictions may face civil and criminal penalties.^[17]See, e.g., NEB. REV. STAT. § 28-327.04; id. § 28-3,108; L.B. 574, 108th Leg., 1st Reg. Sess. (Neb. 2023).

State Protections

Nebraska law does not include express constitutional or statutory protections for abortion. To the contrary, Nebraska’s policy preference to ban abortion to the fullest extent of the law: “the members of the Legislature expressly deplore the destruction of the unborn human lives which has and will occur in Nebraska as a consequence of the United States Supreme Court’s [Roe v. Wade] decision on abortion of January 22, 1973.”^[18]Id. § 28-325(2)–(3). In November 2024, voters rejected the Right to Abortion Constitutional Amendment, which proposed to amend the state constitution to recognize abortion up until viability as a fundamental constitutional right.^[19]Beck supra note 1.

Post-Roe Prohibitions

Nebraska repealed its pre-Roe ban in 1973.^[20]NEB. REV. STAT. §§ 28-404, 28-405 (1943), repealed by 1973 Neb. Laws 806.

Conclusion

Now that the Supreme Court has overturned Roe, Nebraska is enforcing a 12-week abortion ban, with limited exceptions. In November 2024, Nebraskans approved a constitutional amendment to enshrine a  12-week ban in the state constitution and rejected a measure to protect abortion access until viability.