Post-Viability Abortion Restriction

No abortion may be performed after viability unless necessary to preserve the woman's life or health.  In accord with the physician's sound medical judgment, all reasonable precautions shall be taken to ensure the protection of the fetus, compatible with preserving the woman's life or health.  Neb. Rev. Stat. §§ 28-329 (Enacted 1977; Last Amended 1984), 28-330 (Enacted 1977; Last Amended 1984).

A court held that a previous version of this law was unconstitutional because it lacked a sufficient scienter (intent) requirement and the law's previous definition of viability was overly broad.  Schulte v. Douglas, 567 F. Supp. 522 (D. Neb. 1981), aff'd sub nom. Women's Servs., P.C. v. Douglas, 710 F.2d 465 (8th Cir. 1983).

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortions, such as Nebraska's, that contain adequate exceptions to protect the life and health of the woman.