Voters in five Nebraska towns approved local ordinances banning abortion care in this week's midterm elections, but reproductive health care advocates said more significant threats are likely to come in the new legislative session.

Scout Richters, senior legal and policy counsel for the ACLU of Nebraska, said measures that conflict with state law are not enforceable, and abortion remains legal at the state level, but she worries they will create a chilling effect.

"They harm Nebraskans by stigmatizing abortion care," Richters contended. "Really sowing a spirit of fear and confusion among those Nebraskans that live in these places."

Ordinances banning abortion within city limits were passed in Arnold, Brady, Hershey, Paxton and Wallace. A similar ordinance failed in Curtis. Blue Hill, Hayes Center -- which counts itself a member of the group "Sanctuary Cities for the Unborn" -- and Stapleton passed bans before the election.

Proponents argued towns have the power to regulate health and welfare, and believe the ordinances are necessary to protect the culture of communities and to send a message to state lawmakers.

Abortion-rights advocates are concerned about razor-thin margins when senators convene in January. Legislative Bill 933, a trigger-bill banning abortion after Roe v. Wade was overturned, was blocked in the last session through a filibuster, which requires 17 senators.

Richters stressed, while Nebraskans may have different views on abortion, it remains a deeply personal health care decision.

"So regardless of how any one individual feels about abortion, when someone makes that personal decision, they need to be able to access care without government interference," Richters asserted. "That decision needs to be between a patient and her doctor."

A poll conducted in March found 55% of Nebraskans oppose banning abortions, compared with 40% who support a ban.

Richters noted Nebraska's laws already impose significant barriers to abortion care, which disproportionately impact people of color, young people, low-wage workers and people living in rural areas.

"Forcing someone to carry a pregnancy against their will can have devastating and lasting consequences," Richters emphasized. "The bottom line is that a patient's health should drive medical decisions, not a politician's beliefs."

Abortion restrictions have been a hot topic in the Nebraska Legislature for the second year in a row, and now the issue has heated up even more.

Sen. Merv Riepe, R-Omaha, introduced an amendment to the abortion bill sponsored by Sen. Joni Albrecht, R-Thurston, Legislative Bill 626, which would extend the ban from the point at which a heartbeat can be detected on ultrasound -- typically 6 weeks from conception -- to 12 weeks.

Calling himself a "compassionate conservative," Riepe said he added the amendment because the issue is serious, controversial and merits more debate.

"I have some concern regarding a heartbeat," Riepe explained. "Because it's so vague that I'm not sure it's defensible."

Andi Curry Grubb, executive director of Planned Parenthood Advocates of Nebraska, said in an email "a ban is a ban, plain and simple. Any abortion ban at any stage of pregnancy denies a person the fundamental right to control their own body and health care decisions." Currently, Nebraska law bans abortions after the 20th week of pregnancy.

Grubb wrote Riepe's amendment "illustrates that even conservative senators recognize the unworkability of LB 626 and the harm it could do to Nebraskans and physicians."

Sandy Danek, executive director of Nebraska Right to Life, said her group was caught off guard and "very disappointed and surprised" with Riepe's announcement. She stated he had not spoken with anyone about concerns with Albrecht's bill -- including Albrecht herself -- prior to submitting the amendment, and added Right to Life members are trying to get Riepe to change his mind.

"This is certainly disturbing for us. Problematic," Danek asserted. "His amendment falls short of protecting preborn babies."

Riepe stressed he is not trying to be disruptive or "grandstand." He acknowledged he has constituents and friends on both sides of the issue.

"There's some people who think we need a 12-week limit as opposed to a heartbeat limit," Riepe pointed out. "And it's very emotional. I have friends that are praying for me, and I've had other people say it's still too restrictive; it's not enough."

On the opening day of Florida's legislative session, Republican lawmakers filed bills in the House and Senate to ban abortions after six weeks. In a move which would tighten the 15-week ban they approved last year, Republicans are pushing an even tougher ban, despite knowing most people aren't aware they're pregnant before six weeks.

Sen. Lauren Book, D-Plantation, the Senate Minority Leader, said the bills were introduced as she and others were making their way to the chamber to hear the State of the State address by Gov. Ron DeSantis.

"That is tantamount to an all-out abortion ban," Book stressed. "This is scary. These are scary times, and none of the bills that have been introduced by the Republicans will improve the lives of Floridians."

The legislation offers exemptions for victims of rape and incest, if they can provide official proof of the crime. Pro-choice advocates predict the measures will be a major barrier to critical services for Floridians, and others in the Southeast who seek care in Florida because their states have banned abortion. The bills carry the support of legislative leadership as well as the governor.

Groups like Florida Alliance for Planned Parenthood have already launched campaigns calling on alliance members and the public to contact Sen. Kathleen Pasidomo, R-Naples, the Senate president, who has already announced her support for the bill.

Rep. Fentrice Driskell, D-Tampa, the House Minority Leader, voiced concerns.

"They plan to strip privacy protections enshrined in the Florida Constitution," Driskell pointed out. "They will restrict access to medical abortion medicine, yet you can get Viagra mailed to you. What world are we living in? It's a world that's unfair to women."

The bills are spearheaded by Republican women, Sen. Erin Grall, R-Lake Placid, and Rep. Jenna Persons-Mulicka, R-Fort Myers. The proposals also include an exception for the life of a pregnant person if two physicians certify in writing that carrying the pregnancy to term would be fatal.


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Nebraska would have one of the strictest abortion laws in the country should Legislative Bill 626 become law. It recently passed out of committee.

The bill calls for banning abortions after a "fetal heartbeat" can be detected by ultrasound, usually around six weeks of pregnancy. However, some medical experts don't consider it a "fetal heartbeat" before at least the tenth week of gestation, the point at which an embryo becomes a fetus.

Scout Richters, senior legal and policy counsel for the ACLU of Nebraska, said time is running short for Nebraskans to let their state senators know how they feel about the bill.

"Because it has that emergency clause, if it does pass, it will become law here in Nebraska, and it could be in just a few short weeks," Richters pointed out.

Richters noted in a November survey, 59% of Nebraskans from all backgrounds and across party lines said they oppose a more restrictive abortion law, with 36% supporting one.

Sen. Joni Albrecht, R-Thurston, introduced the measure, which includes exceptions for sexual assault, incest or medical emergency. A stricter abortion bill she co-sponsored last year did not pass.

Abortion bans have been hot-button issues in many states. In seven of the eight states with a ban at 12 weeks or earlier a judge has blocked it at least temporarily, including four six-week bans.

Richters emphasized medical providers from across the state were among the many who spoke during the committee hearings on the bill.

"The negative effects of this ban reverberate across the medical field, as we've seen from the number and variety of medical professionals that have spoken out in opposition to the ban," Richters observed.

She predicted there will be several rounds of floor debate and expects a number of Nebraskans will attend. She added for those who wish to speak directly with their state senators on those days, the ACLU of Nebraska will be there to help. Once the debates are on the agenda, they'll be posted on the Nebraska Legislature's website, and no doubt on the websites and social media channels of groups on all sides of the debate.