Nebraska Lawmakers Debate Abortion Restrictions

Wednesday’s Nebraska legislative debate began on a bill to ban abortion after cardiac activity is detected in an embryo. This would generally occur around the sixth week, before most women know they are pregnant.

But the effort to pass the so-called heartbeat bill in the Republican-controlled state remains in question after a GOP co-signer of the bill introduced an amendment to adjust the proposal to 12 weeks, signaling that a ban set very early in pregnancy could face pushback even from those who want further restrictions.

The debate was collegial but not passionate during the first few hours. Supporters of the bill quoted Bible verses and extolled personal and religious beliefs that all life begins at conception. White Senator Steve Halloran of Hastings claimed that legalizing abortion in the U.S. was not based on choice for women but in a racist plot “to kill off the Black race.”

Opponents claimed that the bill would strip women of bodily autonomy and put them at risk of financial and medical failure. They also claimed that it would force medical professionals and other people concerned about abortion access to leave the state.

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“This bill places women at risk. It puts doctors at danger,” Sen. Danielle Conrad of Lincoln said. She referred to reports over the past year about women and girls who couldn’t get abortion care immediately after rapes, or when faced with life-threatening complications, because of the state’s abortion bans. “Those are real issues, and you’re bringing ’em to Nebraska.”

The bill was introduced by Sen. Joni Albrecht, Thurston. She said that she understands strong opinions about abortion access.

She stated that “this bill is about babies who have beating hearts and they deserve protection.”

The debate attracted hundreds of people to the Capitol for both pro and con- abortion groups.

Merv Riepe (Ralston) introduced an amendment to increase the ban’s duration to 12 weeks. He was concerned that the current proposal might not allow women enough time to find out if they are pregnant. He later stated that he would vote for Albrecht’s bill Wednesday, if it is close to being passed. On Wednesday, he joined the anti-abortion protestors.

“I wanted some dialogue,” Riepe stated a day after introducing the amendment. “And I think it’s clear that I’m on record that I will vote… the 33rd time to move it.”

Albrecht stated that she believes she has enough votes to pass her bill. This bill includes exceptions for cases such as rape, incest or to save the mother’s life.

Wednesday’s first round of debate was taken up by lawmakers. The bill must pass the third round of discussion. Opponents have promised to filibuster this bill, which means they will make debate last for eight hours before a vote can be taken to close it. The fate of the bill will depend on whether any legislators defect from the Legislature’s left-leaning or conservative coalitions on the matter.

The Nebraska legislature is the only one-chamber, nonpartisan state in the United States. Each of the 49 legislators identify as Republican or Democrat, and they tend to vote along party lines.

Republicans have 32 seats and Democrats have 17. While bills can be passed with a simple majority (33 votes), it takes a supermajority to end the debate and defeat a filibuster. A single lawmaker could make the difference between whether the bill is passed or not for the year.

This division played a major role in the defeat of Albrecht’s trigger bill last year. It would have banned almost all abortions in the country, including those resulting in rape or incest. The U.S. Supreme Court overturned Roe v. Wade which had for nearly fifty years guaranteed abortion rights nationwide. The trigger bill was defeated by two votes less than the 33 required to defeat a filibuster.

It was a surprising result for a state that had been a leader in restrictions on abortion. Nebraska passed the nation’s first law prohibiting abortion after 20 weeks of gestation in 2010. It was based on the controversial theory that a fetus can feel pain at that stage.

However, Nebraska’s anti-abortion activists have been frustrated by the rapid moves of other GOP-controlled states to ban or restrict abortion access. More than a dozen states have already banned abortion at any stage of pregnancy. This number could be even higher if it weren’t for the fact that six additional states have already blocked abortion bans.

Last week’s decisions by the federal courts have called into question access to abortion pills.

Nebraska Gov. Republican Jim Pillen has been vocal in his support of the bill. He has stated that he would sign it if it passed.