State of Nebraska ex rel. LaGreca v. Evnen

Thomas More Society attorneys challenged the state’s “Protect the Right to Abortion” ballot initiative in the Nebraska Supreme Court. On August 30, 2024, the Nebraska Supreme Court allowed the constitutional challenge against the state’s abortion expansion ballot initiative to move forward, granting a request for a relatively rare proceeding known as an “original action.”

In the brief, Thomas More Society attorneys demonstrated how the abortion expansion initiative contains “remarkably misleading terms” and is “unconstitutionally riddled with separate subjects”—in violation of the Nebraska Constitution’s Single Subject Rule.

In another instance of what the brief labels as misleading language, the abortion expansion initiative provides for a “fundamental right” to abortion, “without interference from the state of its political subdivisions.” The brief argues that “‘fundamental rights’ have long been understood to allow some regulation of the underlying right, including the right to abortion under Roe v. Wade.” Additionally, the brief lays out how the abortion expansion initiative “effectively will abolish nearly 50 years of legislative enactments” and may potentially have further ramifications on all existing medical regulations.

These existing laws include the state’s dismemberment abortion ban and the parental notification requirement for abortions on minors. Laws requiring physician involvement, physician availability for postoperative care, care of born-alive aborted infants, care of post-viability aborted infants, and detailed informed consent requirements, will effectively be repealed if the abortion expansion ballot initiative is accepted by voters.

Thomas More Society attorneys sought a court order requiring Secretary of State Evnen to deny certification of the ballot initiative and withhold it from the ballot, or in the alternative, issue an order declaring the measure invalid. On September 13, 2024, the Nebraska Supreme Court ruled that the "Protect the Right to Abortion" ballot initiative may remain on the November general election ballot.