Red state court greenlights competing abortion amendments to appear on November ballot

The Nebraska Supreme Court ruled Friday that two competing abortion measures can appear on the ballot in November.

The court unanimously ruled that the “Protect the Right to Abortion” and the “Protect Women and Children” amendments do not violate a state rule prohibiting ballot measures from addressing more than one subject. The “Protect the Right to Abortion” amendment would enshrine a right to abortion up to fetal viability in the state constitution, while the latter would safeguard the state’s 12-week abortion ban.

The amendments faced three lawsuits, two of which argued the “Protect the Right to Abortion” amendment violated the single-issue rule since it included abortion before viability and after viability, when concerning the mother’s health, and the state’s ability to regulate abortion, the Associated Press reported. The third lawsuit challenged that if the amendment violated the single-issue rule, then the “Protect Women and Children” measure did, as well.

A ballot initiative requires a majority of the vote and at least 35% of the total votes cast in order to pass in Nebraska, according to NBC. Should the measures both meet this standard, then the one that receives the most votes will pass.

Current Nebraska law bans abortion after 12 weeks except in cases of rape, incest and danger to the life of the mother.

Voters in 10 states will consider abortion initiatives at the ballot box this November, according to NBC.

Abortion laws and ballot measures have faced numerous legal battles since the overturning of Roe v. Wade returned the decision to the states. The Missouri Supreme Court ruled Tuesday that a proposed amendment to enshrine abortion into the state’s constitution can appear on the ballot, while a judge in North Dakota found the state’s 6-week abortion ban unconstitutional on Thursday.

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