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Abortion rights votes in Nebraska and Missouri face legal challenges as approval deadlines expire
Washington

Abortion rights votes in Nebraska and Missouri face legal challenges as approval deadlines expire

Voting measures on abortion rights in Nebraska and Missouri face legal challenges ahead of certification deadlines.

Judge Christopher Limbaugh of Missouri ruled on Friday against a vote on abortion rights in the state and agreed to a lawsuit alleging that the “petition violates state law because it failed to provide voters with a list of Missouri laws that would be directly or implicitly repealed” if passed.

The aim of the proposed measure was to enshrine the right to abortion in the state constitution and to prohibit any government interference in the procedure.

Organizers of the Missouri election law hope to appeal Limbaugh’s decision to the state Supreme Court on Tuesday to stop a temporary injunction — but Tuesday is also the deadline for changes to the election law. If the court decides not to intervene, a temporary injunction would go into effect, officially nullifying the election law.

“The court’s decision not to put Amendment 3 on the ballot represents a profound injustice to the ballot initiative process and undermines the rights of the 380,000 Missourians who signed our petition demanding a say on this critical issue,” Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, said in a statement.

Abortion is illegal in Missouri, with exceptions related to the life and health of the mother.

In Nebraska, which bans abortion after 12 weeks of pregnancy, two competing abortion petitions were scheduled to go before voters this November, but it is currently unclear whether voters will be offered either option.

One measure would provide a fundamental right to abortion until the fetus is viable, but there are legal difficulties as to whether it satisfies the individual subject criterion.

A competing ballot proposal would ban abortions in the second and third trimesters, “except when a woman seeks an abortion necessitated by a medical emergency or when the pregnancy is the result of sexual assault or incest.”

Oral arguments on the lawsuits were held before the Nebraska Supreme Court on Monday.

“We think the Rights Amendment clearly passes the single-subject test. We think the Limitations Amendment probably works just as well under this Court’s jurisprudence. However, if the Court were to apply a more focused, stricter approach to the single-subject test, as requested by the appellants in the prior case, we think the Limitations Amendment would clearly fail that test, much sooner, than the Rights Amendment,” argued attorney David Gacioch.

The deadline to certify ballots in Nebraska is September 13.

Abortion has become a major political issue since the U.S. Supreme Court overturned Roe v. Wade in the Dobbs decision. Termination of federal protection for the proceedings and make it a state matter.

Nationwide votes in support of the process have since been successful, and similar measures will appear in November of this year. before voters in ArizonaNevada, FloridaSouth Dakota, Colorado, New York, Maryland and Montana.

Democrats support abortion rights, and the fight for reproductive freedom has become a central pillar of Vice President Kamala Harris’ campaign.

On the campaign trail, Harris has repeatedly stated that former President Donald Trump would sign a national abortion ban. Trump insists the issue is left to the states, and while he called Florida’s six-week ban “too short,” he nonetheless announced his plans to vote against a ballot proposal that would ban restrictions on the procedure until the fetus is viable.

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