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ACLU challenges Nebraska’s new pro-life law on behalf of Planned Parenthood of the Heartland

by | May 30, 2023

By Dave Andrusko

Just over one week after Nebraska’s pro-life governor Jim Pillen signed LB 574–the “Let Them Grow Act”–the American Civil Liberties Union and ACLU of Nebraska filed a lawsuit challenging LB 574.

They are representing Planned Parenthood of the Heartland (PPH) and abortionist Sarah Traxler. The lawsuit was filed in a state trial court in Lancaster County Tuesday.

Amendment 1568, the “Preborn Child Protection Act,” was attached to LB 574 on May 16, and includes protection for most Nebraska preborn babies at 12 weeks gestation and beyond, with the exception of rape, incest and life of the mother.

Nebraska Right to Life expressed its gratitude for the leadership of Gov. Pillen, who partnered with pro-life senators to offer some protection with the introduction of Amendment 1568. “We acknowledge the pro-life commitment shown by Senator Joni Albrecht, who introduced the Nebraska Heartbeat Act, Senator Ben Hansen for proposing the “Preborn Child Protection Act” and the steadfast courage shown by the pro-life senators in the Nebraska Legislative body.”

However, as Abigail Carrera of KOLN writes,

“The groups are seeking a court order to block enforcement of the bans and restrictions that were combined in Legislative Bill 574, and declaring them unconstitutional on the basis that they pertain to two distinct subjects.”

Additionally, the lawsuit also asks for preliminary injunctive relief to block enforcement of the restrictions while litigation is pending.

The Nebraska Attorney General’s Office “will have 30 days to respond to the lawsuit after being served,” according to Carrera. “The judge hearing the case may take action on the request for a preliminary injunction at any point.”

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