Opponents say pro-abortion rights petition violates Nebraska’s single-subject rule

LINCOLN, Neb. (KLKN) — A group of doctors is challenging the constitutionality of the Nebraska ballot measure guaranteeing a right to abortion.

On Monday, more than 30 physicians and other medical professionals sent a letter to Nebraska Secretary of State Bob Evnen.

They argue that the Protect the Right to Abortion amendment violates the single-subject rule for ballot initiatives because it would do two things: grant the right to abortion and redefine fetal viability.

POLL: Which abortion ballot initiative in Nebraska will you support?

The initiative defines viability as “when, in the professional judgment of the patient’s treating health care practitioner, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.”

But the doctors say that definition is more strict than current Nebraska law, pointing to a statute that says viability is “the stage of human development when the unborn child is potentially able to live more than merely momentarily outside the womb of the mother by natural or artificial means.”

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The letter also takes issue with initiative’s use of the term “health care practitioner,” arguing that it is too broad.

The amendment “opens the door to non-physicians, such as midwives, nurses, and doulas, to make viability determinations which are outside the scope of their education,” Dr. Catherine Brooks, a neonatologist, said in a press release.

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Last week, Evnen said both the abortion rights petition and an amendment banning abortion after 12 weeks received enough valid signatures to be placed on the ballot.

The doctors want Evnen to reverse his decision and keep the initiative off the ballot.

They requested that he respond to the letter by Wednesday.