Abortion Ban

AFTER 12 WEEKS

Nebraska's unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  Neb. Rev. Stat. §§ 28-326(9) (Enacted 1997), 28-328 (Enacted 1997), 71-148(15) (Enacted 1997), 71-155 (Enacted 1997).

By a narrow 5-4 majority, the United States Supreme Court struck down Nebraska's ban for two reasons:  (1) the ban imposed an undue burden upon a woman's right to choose because it banned more than one procedure and (2) the ban lacked an exception to protect a woman's health.  Stenberg v. Carhart, 530 U.S. 914 (2000).  The Court made clear that a health exception must protect women against both the health risks caused by pregnancy and health risks caused by a regulation that forces a woman to choose a less medically appropriate procedure.

Nebraska's unconstitutional and unenforceable law makes the performance of any abortion procedure that falls within a broad definition a felony, and subjects physicians who perform such a procedure to automatic license suspension, license revocation, or other professional sanction, unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.  Neb. Rev. Stat. §§ 28-326(9) (Enacted 1997), 28-328 (Enacted 1997), 71-148(15) (Enacted 1997), 71-155 (Enacted 1997).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.