LINCOLN- Last week, following the introduction of a lawsuit against LB574, a new law that bans gender-affirming care for minors and abortion after 12 weeks, Attorney General Mike Hilgers, alongside Assistant Attorneys General Christopher Felts, Jennifer Huxoll, and Erik Fern, called on the Lancaster County District Court to reject a request contained within the lawsuit to temporarily block enforcement of the two restrictions.
The lawsuit, which was introduced by the ACLU of Nebraska and Planned Parenthood of the Heartland, argues that LB574, which was recently signed into law, contains two distinct subjects, which goes against a provision of the Nebraska Consitution. Hilgers, Gov. Pillen, Dannette Smith, Charity Menefee, and Timothy Tesmer are all named in the lawsuit. Smith is the CEO of the Nebraska Department of Health and Human Services, while Menefee is the director of the agency and Tesmer is the chief medical officer. The agency is set to determine the state's stance on puberty blockers and hormone treatments for minors, an authority given to them through LB574.
Hilgers and his team argue that the Lancaster County District Court is being forced, through the ACLU and Planned Parenthood lawsuit, to be the first Nebraska court to find that an act of the Legislature violates the state's single-subject legislative requirement. However, an 1899 case in Nebraska, formally titled Weis v. Ashley, has already found a legislative act violating the single-subject rule. The ACLU of Nebraska filed a response to Hilgers' request, but it has not yet been released to the public.
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