Nebraska Lawmakers Aren’t Willing To Pass An Abortion Ban, Governor Says

Topline

Nebraska Gov. Pete Ricketts (R) will not call a special session of the state legislature to pass a 12-week abortion ban because there aren’t enough state senators who would vote for the bill, the governor said Monday, the latest instance of new abortion restrictions facing hurdles in even Republican-controlled states in the wake of the Supreme Court overturning Roe v. Wade.

Nebraska Governor Pete Ricketts speaks to the Conservative Political Action Conference (CPAC) at … [+] National Harbor, Maryland, on February 24, 2017.

AFP via Getty Images

Key Facts

Thirty state senators in Nebraska are in favor of amending state law to ban abortion starting at 12 weeks into a pregnancy, Speaker of the Legislature Mike Hilgers told Ricketts in a letter on Monday.

That falls short of the 33 votes needed to overcome a filibuster and pass the bill, Ricketts said, calling the lack of support “deeply saddening” in a statement.

The lack of a special session means abortion will remain legal in Nebraska for up to 20 weeks into a pregnancy, at least for now.

Two Republicans opposed the legislation—as the GOP has a 32-17 majority in the state Senate—and the legislature’s next regular session will be in January 2023.

Crucial Quote

“This letter shows that elections have consequences,” Ricketts said in a statement, adding there’s “no more important issue” than “protect[ing]

Chief Critic

“Abortion is a right. Abortion is health care,” Nebraska state Sen. Megan Hunt (D), who opposes the abortion ban, tweeted in response to Rickett’s statement Monday. “And the decision about whether and when to become a parent does not belong to the government.”

Tangent

Though it’s not taking further action to ban abortion, Nebraska is prosecuting abortions that take place after 20 weeks. The Lincoln Journal Star reports a 17-year-old girl who had an illegal abortion at more than 23 weeks is now facing multiple felony charges as a result, as is her mother, who helped her obtain the abortion and bury the fetus.

Key Background

Nebraska is one of the states that has been expected to ban abortion in the wake of the Supreme Court overturning Roe v. Wade, according to the pro-abortion rights Guttmacher Institute, though an attempt to pass an abortion “trigger law” also narrowly failed in the state legislature in April. The news that there isn’t enough political support to pass the bill comes as Republican governors and lawmakers across the country have been less enthusiastic than expected about enacting harsh abortion bans in the wake of the Supreme Court overturning Roe, as polling and the recent Kansas ballot measure on abortion show Americans are broadly against them. Indiana became the first state to enact a new abortion ban on Friday and West Virginia lawmakers are also weighing a new ban, but the bills have frustrated anti-abortion advocates by carving out exceptions for rape and incest, and West Virginia’s bill has stalled as lawmakers disagree over its specifics. The Associated Press reports South Carolina lawmakers who initially called for a special session to enact harsher restrictions are now rethinking the decision, and Iowa Gov. Kim Reynolds (R) and South Dakota Gov. Kristi Noem (R) have said they will not convene special sessions in the immediate future to pass abortion bans—even as Noem initially planned to call one.