ACLU sues to block LB574

NEBRASKA -- Two weeks following the Legislative decision to pass LB574, and one week after Nebraska's governor signed the bill into law, the American Civil Liberties Union has filed a lawsuit against the bill and its creators.
The ACLU said the heart of the lawsuit is language that is from the Nebraska State Constitution - "No bill shall contain more than one subject, and the subject shall be clearly expressed in the title."
The ACLU filed the lawsuit in a state trial court Tuesday morning in Lancaster County.
The ACLU and ACLU of Nebraska are representing Planned Parenthood of the Heartland and Dr. Sarah Traxler in the case.
The groups are looking for a court order to block enforcement of the new restrictions that were combined in LB574. They have declared the restrictions unconstitutional because they are two distinct subjects.
LB574 bans abortions after 12 weeks and limits transgender health care for those under the age of 19. The Nebraska Legislature voted on the bill on May 19 with a 33-15 vote. Pillen signed the bill into law last week, May 23.
Before the bill was signed into law, PPH in Omaha and Lincoln were able to provide abortions through medication through 11 weeks and 0 days per the last menstrual period (LMP) and in-clinic abortion procedures through 16 weeks and 6 days LMP.
Following the signing of the bill into law, PPH has only been able to provide the abortions services through 11 weeks and 6 days of pregnancy.
According to the lawsuit filing, PPH's health centers have to be and must continue to be licensed by the Nebraska Division of Public Health of the Department Health and Human Services as "health clinics" to be able to provide abortions.
It was also noted that PPH relies on the license to be able to perform abortions.
PPH said it is suing the defendants on behalf of itself, its staff, and its patients.
The original LB574 bill was entitled the "Let Them Grow Act," which got the abortion ban added to it after LB626, entitled "Nebraska Heartbeat Act," failed to make it through the second round of legislative votes.
LB626 was originally introduced to ban abortion after about six weeks of pregnancy, and failed to advance on Apr. 27, but the original LB574 was able to advance.
At the beginning of May, LB574 was amended to include LB626, but with a 12-week ban rather than a six-week ban.
Gov. Pillen signed the new bill on May 22, and the abortion portion of the bill went into effect on may 23, while the gender-affirming care portion will not go into effect until October 2023.
Tuesday's lawsuit is filed against Nebraska Attorney General Mike Hilgers, Gov. Jim Pillen, Chief Executive Officer of Nebraska Department of Health and Human Services Dannette Smith, Director of the Nebraska Department of Health and Human Services Division of Public Health Charity Menefee, and Chief Medical Officer of the NDHHS Timothy Tesmer.