Nebraska lawsuit challenges ballot initiative
Argument is over definition of viability, whether artificial medical treatments change meaning
A group of doctors filed a complaint in the Nebraska State Supreme Court that challenges the constitutionality of a ballot initiative that would protect abortion rights up to the point of viability.
The Nebraska Examiner was the first to report the news. More than 30 Nebraska medical providers filed a complaint this week with Secretary of State Bob Evnen alleging that the abortion-rights ballot initiative violates the state’s requirement that voter-fueled changes cover only a single subject. The ballot initiative was certified on Aug. 23.
The amendment provides that all persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient, without interference from the state or its political subdivisions. Fetal viability is defined as the point in pregnancy when, in the professional judgment of the patient's treating healthcare practitioner, there is a significant likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures.
Lawyers with Keating O’Gara, a law firm in Lincoln, sent a letter to Evenen expressing their concerns. They represent Dr. Catherine Brooks, D.O., a Nebraska resident and practicing neonatologist. At issue was the definition of “viability.”
The letter contends that viability means that a fetus can survive outside the womb on its own and with artificial means. This issue has been at the center of the debate about viability since Roe was written in the 1970s. As medical technology advanced, many scholars pointed out that viability had moved earlier in pregnancy.
“The example above shows how the Measure is a classic example of impermissible logrolling,” the letter read. “Creating a right and redefining a standard in a way that transforms that right into something different are separate issues for voters to separately consider.”
I have attached the complaint below.