Take Action to Protect Abortion Access in Nebraska

Regardless of the Supreme Court decision, we can keep abortion legal in Nebraska. Protecting abortion access here rests in the hands of Nebraskans like you. 

Just last session, we beat back three abortion restrictions including a trigger ban that would have immediately banned abortion when Roe is overturned. Together we can build off of this incredible victory to keep abortion legal in Nebraska and continue our work to ensure all Nebraskans have access to the abortion care they need. 

The bottom line is that no person should be forced to carry a pregnancy against their will. Abortion is health care and Nebraskans must be able to make the decisions that are best for themselves. The ACLU of Nebraska will never stop protecting Nebraskans’ rights to determine if and when to become a parent, but we need you with us now more than ever.

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Abortion Access in Nebraska

Although abortion is legal in Nebraska, there are many restrictions on abortion care.

A doctor speaks with a patient.

With only three clinic locations in the state, with the farthest west being in Lincoln, access to abortion care is already difficult if not impossible for many Nebraskans. The providers are:

If you are in need of monetary support to pay for your abortion and related expenses, Nebraska Abortion Resources (NEAR) provides financial assistance and may be able to help. 

Although abortion is legal in Nebraska, there are many restrictions on abortion care that have been designed by anti-abortion politicians to push care farther and farther out of reach for more Nebraskans. In Nebraska:

  • No abortions may be performed 20 or more weeks postfertilization (22 weeks from the last menstrual period) unless in cases of life endangerment or risk of significant bodily harm.
  • Telemedicine cannot be used to administer medication abortion.
  • Nebraskans 17 and under must get consent from a guardian before an abortion or must go through the judicial bypass process to get permission from a court to have an abortion without parental consent.  More information about judicial bypass is available here.
  • Patients must receive state-directed counseling (usually a prerecorded message will be played, or a sheet will be read to the patient) and then wait 24 hours before the procedure is provided.
  • A common second-trimester abortion method is banned.

We will continue to update this page as more information and resources continue to be made available. 

The Legislature’s Role

By overturning Roe v. Wade, the U.S. Supreme Court has left the future of our reproductive rights in Nebraska state senators' hands.

Nebraska state capitol

At the start of 2022, we saw three anti-abortion bills get introduced and fail due to the dedicated work of Nebraskans across the state. Anti-abortion politicians could once again attempt to ban abortion in a special legislative session in 2022 or regular session in 2023. 

Special Legislative Sessions

Speaker Mike Hilgers and Gov. Pete Ricketts have said they plan to call a special session to ban abortion. A special legislative session occurs when state senators convene outside of the normal scheduled legislative session for a specific purpose. The governor can call a special session through executive action or state senators can initiate a special session themselves if 33 of the 49 state senators sign on to support the call.

What Happens Next  

If Nebraskans are faced with a special session, we will have to work hard in a very short time frame to ensure abortion rights in Nebraska are protected. 

Like regular session, every bill that is introduced will have a committee hearing. And each bill will need to make it through three rounds of votes to be passed into law. Our best chance of stopping new bans is to convince 17 state senators to filibuster each and every ban by refusing to invoke cloture, a technical term that means ending debate. Use the action links on this page now and look for more opportunities to get involved when a special session is announced.

Finally, it always helps to know how your senator voted last time. Here’s how senators voted on a total trigger ban last session.

OPPOSED EXTREME TOTAL BAN:

Blood, Bostar, J. Cavanaugh, M. Cavanaugh, Day, DeBoer, M. Hansen, Hunt, McCollister, McKinney, Morfeld, Pansing Brooks, Vargas, Walz, Wishart

SUPPORTED EXTREME TOTAL BAN:

Aguilar, Albrecht, Arch, Bostelman, Brandt, Brewer, Briese, Clements, Dorn, Erdman, Flood, Friesen, Geist, Gragert, Halloran, B. Hansen, Hilgers, Hilkemann, Hughes, Jacobson, Kolterman, Lindstrom, Linehan, Lowe, McDonnell, Moser, Murman, Sanders, Slama, Stinner, Williams (Gov. Ricketts will appoint a replacement for Sen. Flood.)

EXCUSED NOT VOTING:

Lathrop, Pahls, Wayne (Gov. Ricketts has since appointed Sen. Kauth to replace the late Sen. Pahls until the November midterm elections.)

Thank the senators who opposed the ban. Demand better from senators who supported it. Since we will be operating on such a short timeline, it is critical that all Nebraskans who support a person’s right to decide if and when they become a parent join us in demanding that state senators respect that right and stop the bans.