ACLU of Nebraska files lawsuit challenging new abortion ban and restrictions on care for trans youth

LINCOLN, Neb. (KOLN) - A lawsuit was filed Tuesday challenging Nebraska’s new abortion ban and new restrictions on gender-related care for transgender youth.

The American Civil Liberties Union (ACLU) and ACLU of Nebraska are representing Planned Parenthood of the Heartland (PPH) and Dr. Sarah Traxler in a the lawsuit that was filed in a state trial court in Lancaster County Tuesday morning. Traxler is the chief medical officer of Planned Parenthood North Central States and a physician who provides abortion.

The lawsuit claims the new law violates the “no bill shall contain more than one subject” rule in the Nebraska State Constitution.

The groups are seeking a court order to block enforcement of the bans and restrictions that were combined in Legislative Bill 574, and declaring them unconstitutional on the basis that they pertain to two distinct subjects.

Additionally, the lawsuit also asks for preliminary injunctive relief to block enforcement of the restrictions while litigation is pending.

On Friday, May 19, LB 574 passed its final vote, 33-15. Governor Jim Pillen signed the bill into law the following Monday, May 22.

The ACLU says the state constitution’s single subject requirement is a key element of Nebraska’s lawmaking process that, taken with other requirements, promotes careful legislative consideration and ensures that legislators remain accountable for their votes.

The Nebraska Attorney General’s Office will have 30 days to respond to the lawsuit after being served. The judge hearing the case may take action on the request for a preliminary injunction at any point.

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