LINCOLN- A legal challenge was filed in the Lancaster County District Court against LB574 declaring it unconstitutional on the basis that it violates Nebraska Constitution's single-subject requirement for legislation. LB574 combines a ban on abortions after 12 weeks and restrictions on gender-related care for transgender youths. In addition to seeking a permanent injunction against the law, the suit asks for a preliminary injunction to stop enforcement of the restrictions while litigation is pending. Attorney General Mike Hilgers has requested the court deny the injunction.

The American Civil Liberties Union and ACLU of Nebraska are representing Planned Parenthood of the Heartland and Dr. Sarah Traxler in the case. Traxler is the chief medical officer of Planned Parenthood North Central States and performs abortions. The bill was only signed into place just over a week ago and has an emergency clause that enacted the abortion language on May 23rd. Gender-related care restrictions are to be effective on Oct.1st.

The lawsuit argues that the Nebraska Constitution’s single-subject requirement is a key element of the state's lawmaking process that, taken with other requirements, promotes careful legislative consideration and ensures that legislators remain accountable for their votes. “Although both components of LB 574 took away Nebraskans’ freedoms, ultimately we are talking about two entirely unrelated subjects: gender-related care for trans youth and abortion access,” said Mindy Rush Chipman, ACLU of Nebraska interim executive director.

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