NEBRASKA
Political control: Nebraska has an officially nonpartisan legislature with a Republican majority, but not a super-majority that would let the party unilaterally pass an abortion ban. Democrats appear to have enough votes to block such a bill, but just one defector could swing the vote. Nebraska’s Republican governor vehemently opposes abortion.
Background: Nebraska allows most abortions until the 22nd week of pregnancy, although a few small towns have voted to outlaw the procedure within their borders. The state requires doctors to be physically present when patients take the first of two drugs that are used in medication abortions. Lawmakers have rejected attempts to allow abortion medications to be administered remotely, which would provide easier abortion access in rural areas.
Effect of Supreme Court ruling: A ruling that lets states set their own abortion laws will trigger an immediate push by Nebraska conservatives to ban the procedure, but it’s not clear whether they could do it this year. Unlike other conservative states, Nebraska doesn’t have a trigger law that automatically outlaws abortion. Gov. Pete Ricketts and other top Republicans have said they’ll seek a special legislative session, but it’s not clear whether they have enough votes to pass anything.
What’s next: If Ricketts calls a special session, attention will likely shift to state Sen. Justin Wayne, an Omaha Democrat who has declined to specify where he stands on abortion. Wayne was notably absent from a vote on the issue this year; his support would give Republicans the super-majority they need to enact a ban. He has struck deals with senators from both parties in the past. If a proposed abortion ban fails during a special session or if no special session is called, the issue will likely become a factor in the November election.
