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Legal challenge to new pro-life Nebraska law put off until July 19

by | Jun 13, 2023

By Dave Andrusko

Nebraska’s pro-life LB 574–the “Let Them Grow Act”–will remain in effect until at least July 19, thanks to a decision by Lancaster County District Judge Lori Maret. Judge Maret rendered her decision after a brief 15-minute court hearing held via Zoom on Monday morning.

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.

That is the basis of the challenge by Planned Parenthood of the Heartland which is represented by the ACLU of Nebraska—that LB 574 violates the Nebraska Constitution’s requirement that legislation be confined to a single subject.

The state counters that both deal “with health and welfare, and the powers of the state medical officer,” Paul Hammel reported.

State Sen. Joni Albrecht of Thurston led the charge. “Today is about celebrating and protecting the unborn and allowing our children to grow,” she said. “I look forward to the day when every child is protected from conception from elective abortions.”

In late May the ACLU of Nebraska filed the lawsuit seeking a temporary injunction to block LB574 from being enforced. “Attorneys for Planned Parenthood later sought a motion for summary judgment,” Chris Dunker reported. “Attorneys representing the state have also filed a motion to dismiss both the request for a temporary injunction and summary judgment” [].

In rejecting Planned Parenthood’s request to argue the request for a preliminary injunction on Monday, Judge Maret said “she wanted to hear the arguments on the motions together, at one hearing, rather than some arguments Monday and others July 19,” Hammel reported.

“Why would I want to hear something twice? That doesn’t seem very efficient to me,” Maret said.

Categories: State Legislation
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