LINCOLN- Attorneys challenging and defending Nebraska's new law combining tighter restrictions on abortion and gender-affirming care made their case Tuesday before the Nebraska Supreme Court. The state's highest court heard arguments in Planned Parenthood's appeal of a Lancaster County District Court decision that it was legal for the Legislature to fold these two topics into one legislative bill.
At issue in the case is whether the Legislature acted beyond constitutional limits that require each bill to contain only a single subject, a provision intended to prevent deal-making to pass combined bills that have failed on their own. According to Planned Parenthood's attorney, the Nebraska Supreme Court could decide if LB574 does indeed contain two distinct subjects.
The state's attorney in the case argued that the court should grant the Legislature a wide berth to police itself on the single-subject rule, describing the issue as political rather than judicial. Furthermore, he argued that the decision would be beyond the court's authority. Nebraska Solicitor General Eric Hamilton told the court that it should follow the lead of the district court and defer to the Legislature to handle this issue.
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