Archive

Supreme Court's Decision on 20-Week Abortion Ban Could Influence Neb. Measure 

January 15, 2014 — Supporters of a Nebraska law banning most abortions after 20 week say that the Supreme Court's refusal to consider a simliar ban in Arizona (HB 2036) could make Nebraska' law more vulnerable to legal challenges, even though state Attorney General Jon Bruning (R) said the Arizona case has no immediate effect on the Nebraska statute, the Omaha World-Herald reports (Stoddard, Omaha World-Herald, 1/14). 

The Supreme Court on Monday declined to hear an appeal of a lower court's ruling that the Arizona law is unconstitutional, meaning that the lower court's ruling invalidating the law will stand (Women's Health Policy Report, 1/13). 


Julie Schmit-Albin, executive director of Nebraska Right to Life, said if the state's law should be challenged she believes the courts would take a different view than they did in Arizona, in part because Nebraska's law focuses solely on fetal pain, while the Arizona law was also based on protecting women's health.

However, Janet Crepps, a legal expert with CRR, said the decision by a federal appeals court to strike down the Arizona law “should be persuasive," even for states in other jurisdictions (Omaha World-Herald, 1/14).