{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-ne","type":"legislation","level":"state","jurisdiction":"Nebraska","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"12-week ban, constitutionalized","summary":"Nebraska bans abortion at 12 weeks LMP, with the ban enshrined in the state constitution since November 2024.","machine_readable_summary":{"legal_classification":"gestational_limit","gestational_limit_weeks":12,"limit_measured_from":"last_menstrual_period","abortion_currently_available":"severely_restricted","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":false,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":"unclear","method_bans":["d_and_e"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Class IV felony, up to 2 years imprisonment and $10,000 fine; license revocation","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":24,"state_scripted_counseling":true,"ultrasound_required":"mandatory_performed","in_person_visits_required":1,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":true,"exceptions_present":["life","physical_health","rape","incest","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/ne.html","markdown":"https://www.abhortion.org/legislation/ne.md","summary_json":"https://www.abhortion.org/legislation/ne.json","full_json":"https://www.abhortion.org/legislation/ne-full.json","verbose_json":"https://www.abhortion.org/legislation/ne-verbose.json"},"overview":{"title":"12-week ban, constitutionalized","summary":"Nebraska bans abortion at 12 weeks LMP, with the ban enshrined in the state constitution since November 2024.","description":"Abortion is legal in Nebraska up to 12 weeks of pregnancy, measured from the first day of your last menstrual period. After 12 weeks, abortion is banned with three exceptions: to save the pregnant person's life, to prevent serious risk of substantial and irreversible physical impairment of a major bodily function, or if the pregnancy resulted from sexual assault or incest. In November 2024, Nebraska voters approved a constitutional amendment that locks this 12-week restriction into the state constitution. The ban is fully in effect and not blocked by any court. Abortion providers must be licensed physicians, must be physically present in the same room with the patient even for medication abortion, and must comply with a 24-hour waiting period, state-scripted counseling, and ultrasound requirements.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/articles.php?article=I-31"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915"},{"name":"Nebraska Supreme Court","href":"https://law.justia.com/cases/nebraska/supreme-court/2024/s-23-644.html"}]},"sections":{"definitions":{"title":"Abortion defined; ectopic, miscarriage, IVF excluded","summary":"Nebraska defines 'abortion' as intentionally terminating a known pregnancy, expressly excluding ectopic removal, miscarriage removal, and IVF/ART.","description":"Under Nebraska law, 'abortion' means using any instrument, medicine, drug, or device to intentionally end a pregnancy. The law specifically excludes several things from this definition: removing an ectopic pregnancy, removing the remains of a fetus that has already died (miscarriage or stillbirth), procedures intended to save the life or health of the unborn child, accidental or unintentional terminations, and the loss of an embryo outside the womb during IVF or other assisted reproductive technology. This means that treating an ectopic pregnancy, managing a miscarriage, and IVF are not treated as abortions under Nebraska law.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914"},{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-326"}]},"current_status":{"title":"Legal to 12 weeks LMP; post-12 ban in effect","summary":"Abortion is legal up to 12 weeks LMP; after 12 weeks, banned except for medical emergency, rape, or incest, with the ban in full effect.","description":"In Nebraska today, a person can lawfully obtain an abortion up to 12 weeks of pregnancy as measured from the first day of their last menstrual period. After 12 weeks, abortion is prohibited except in three circumstances: a medical emergency that threatens the pregnant person's life or risks serious and irreversible physical impairment, or if the pregnancy resulted from first-degree sexual assault, sexual assault of a child, or incest. This 12-week restriction is now part of the Nebraska Constitution after voters approved it in November 2024. It is fully enforceable and not blocked by any court order.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/articles.php?article=I-31"}]},"enforcement_status":{"title":"Ban fully in effect; no injunction","summary":"The 12-week ban is not enjoined; the Nebraska Supreme Court upheld the statute against a single-subject challenge, and it operates as written.","description":"Nebraska's 12-week abortion ban is fully enforceable. The Nebraska Supreme Court rejected a challenge arguing that the legislature improperly combined the abortion ban with restrictions on gender-affirming care for minors into a single bill. No court injunction blocks any part of the ban. The law has been in effect since May 22, 2023, and as of the DHHS advisory of October 2024, no disciplinary action has been taken for violations.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Supreme Court / Justia","href":"https://law.justia.com/cases/nebraska/supreme-court/2024/s-23-644.html"},{"name":"Nebraska DHHS","href":"https://dhhs.ne.gov/han%20Documents/ADVISORY10282024.pdf"}]},"exceptions":{"life":{"title":"Life exception; 'medical emergency' standard","type":"life","summary":"Abortion permitted after 12 weeks when necessary to avert the pregnant person's death or serious risk of substantial and irreversible physical impairment.","description":"An abortion after 12 weeks is allowed when the pregnant person faces a medical emergency. A medical emergency is defined as any condition that, in reasonable medical judgment, makes ending the pregnancy necessary to prevent the person's death, or where waiting would create a serious risk of substantial and irreversible physical impairment of a major bodily function. There is no requirement that the emergency be immediate. The physician must certify in writing that a medical emergency existed and explain it in the patient's medical record.","verification":"semi_verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914"}]},"physical_health":{"title":"Physical health embedded in medical emergency","type":"physical_health","summary":"The 'medical emergency' exception covers serious risk of substantial and irreversible physical impairment, functioning as a physical health exception.","description":"There is no separate physical health exception, but the medical emergency definition itself covers serious risk to the pregnant person's physical health. Specifically, it permits abortion when waiting would create a serious risk of substantial and irreversible physical impairment of a major bodily function. This includes threats to major bodily functions even if death is not imminent.","verification":"semi_verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"Nebraska's 12-week ban has no exception for mental health; the medical emergency exception is limited to physical conditions.","description":"Nebraska law does not allow abortion after 12 weeks for mental health reasons alone. The medical emergency exception is limited to conditions that threaten death or serious and irreversible physical impairment. Mental health conditions, including risk of suicide, are not covered by the exception unless they rise to the level of a physical threat.","verification":"semi_verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914"}]},"rape":{"title":"Rape exception; certification required","type":"rape","summary":"Abortion after 12 weeks is permitted if the pregnancy resulted from first-degree sexual assault; the physician must certify compliance with reporting duties.","description":"A person can obtain an abortion after 12 weeks if the pregnancy resulted from sexual assault. The exception covers first-degree sexual assault (as defined in Nebraska law) and first-degree sexual assault of a child. The physician must certify in writing that the abortion was performed because of sexual assault and that they complied with health care provider reporting duties under Nebraska law. A 2023 Attorney General opinion clarified that the law enforcement report may be submitted either before or after the abortion — it does not need to be filed beforehand.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915"},{"name":"Nebraska Attorney General","href":"https://ago.nebraska.gov/sites/default/files/docs/opinions/2934_001.pdf"}]},"incest":{"title":"Incest exception; same certification","type":"incest","summary":"Abortion after 12 weeks is permitted if the pregnancy resulted from incest, with the same physician certification requirements as for rape.","description":"Abortion after 12 weeks is permitted when the pregnancy resulted from incest. The incest exception references Nebraska's criminal incest statute. The physician must certify in writing that the abortion was performed because of incest and that appropriate reporting duties were met. As with the rape exception, the Attorney General has confirmed that the law enforcement report need not be filed before the procedure.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915"}]},"fatal_fetal_anomaly":{"title":"No fatal fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Nebraska's 12-week ban has no exception for fatal fetal anomaly; a bill to add one (LB 1109) was introduced but has not been enacted.","description":"Nebraska law does not allow abortion after 12 weeks for a fatal fetal anomaly. If a person learns at a 20-week anatomy scan that their fetus has a condition incompatible with life, they cannot legally obtain an abortion in Nebraska. A bill (LB 1109) was introduced to create a fatal fetal anomaly exception but has not become law.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic and miscarriage expressly excluded","type":"ectopic_miscarriage_carveout","summary":"The Preborn Child Protection Act expressly excludes ectopic pregnancy removal and removal of a deceased preborn child from its definition of abortion.","description":"Treating an ectopic pregnancy is not considered an 'abortion' under Nebraska's 12-week ban and is never prohibited. Likewise, removing the remains of a fetus that has already died (miscarriage management or stillbirth) is explicitly excluded from the definition of abortion. These procedures remain legal at any stage of pregnancy.","verification":"semi_verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6914"}]}},"methods":{"procedural_surgical":{"title":"D&E ban; partial-birth ban unenforceable as state law","summary":"Procedural abortion is legal before 12 weeks; D&E ('dismemberment') banned separately at all stages; partial-birth abortion ban struck down but covered by federal law.","description":"Procedural (surgical) abortion is legal in Nebraska up to 12 weeks of pregnancy. Two specific procedures are separately banned: dilation and evacuation (D&E), which Nebraska calls 'dismemberment abortion,' is banned at any stage of pregnancy unless a medical emergency exists. Nebraska's ban on 'partial-birth abortion' was struck down by the U.S. Supreme Court in 2000, but the federal Partial-Birth Abortion Ban Act still applies. All procedural abortions must be performed by a licensed physician physically present in the same room as the patient.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-328"},{"name":"U.S. Supreme Court / Cornell LII","href":"https://www.law.cornell.edu/supremecourt/text/99-830"}]},"medication":{"title":"Legal before 12 weeks; in-person only","summary":"Medication abortion is legal before 12 weeks, but the prescribing physician must be physically present in the same room; no telehealth.","description":"Medication abortion (using mifepristone and misoprostol) is legal in Nebraska up to 12 weeks of pregnancy. However, Nebraska law requires that the physician prescribing the medication be physically present in the same room with the patient. This means medication abortion cannot be obtained through telehealth or virtual appointments — you must see a doctor in person. The pills cannot be mailed directly to patients by Nebraska providers. A bill introduced in 2025 (LB 209-style legislation) proposed additional in-person documentation requirements for medication abortion but did not pass. Nebraska also requires reporting of any attempt to continue a pregnancy after taking mifepristone.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html"}]},"self_managed":{"title":"Woman exempt; no self-managed ban as enforced","summary":"The pregnant woman is expressly shielded from liability under the 12-week ban, the D&E ban, the 20-week ban, and the partial-birth ban, leaving no realistic criminal exposure for self-managing.","description":"A person who self-manages their own abortion in Nebraska — for example, by obtaining abortion pills from an out-of-state source or through the mail — is not criminally liable under Nebraska's abortion laws. Every major abortion restriction in Nebraska explicitly states that the pregnant woman cannot be prosecuted. The 12-week ban, the D&E ban, the 20-week ban, and the partial-birth ban each include mother-exemption language. Nebraska law does define 'self-induced abortion' in its criminal code (§ 28-326(13)) but does not separately criminalize it. In practice, the pregnant person faces no criminal exposure under Nebraska abortion statutes.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6917"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-3,108"}]}},"actors":{"who_may_perform":{"title":"Licensed physicians only; in-person required","summary":"Only licensed physicians may perform abortions in Nebraska; advance-practice clinicians are excluded, and the physician must be physically present.","description":"Only a licensed physician — a medical doctor (MD) or doctor of osteopathic medicine (DO) licensed under Nebraska's Uniform Credentialing Act — may perform or induce an abortion in Nebraska. Nurse practitioners, physician assistants, and certified nurse-midwives cannot perform or prescribe abortion care. The physician must be physically present in the same room with the patient at all times, including for medication abortion. There is no explicit hospital or ambulatory surgical center requirement for first-trimester abortion in Nebraska statute, though after the first trimester, physicians must certify in writing the reason for the abortion.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt; no criminal exposure","summary":"Every major abortion statute in Nebraska expressly exempts the pregnant woman from criminal and civil liability.","description":"The pregnant person cannot be prosecuted or sued under Nebraska's abortion laws. The Preborn Child Protection Act, the D&E ban, the 20-week ban, the partial-birth abortion ban, and the physician-presence requirement all include explicit language shielding the woman from any penalty. This pattern of exemption is consistent across the entire abortion code.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6917"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-809"}]},"physician":{"title":"Class IV felony; license revocation","summary":"Physicians violating the 12-week ban face license revocation; criminal exposure includes Class IV felony (up to 2 years, $10,000 fine) under other statutes.","description":"A physician who violates Nebraska's 12-week abortion ban faces mandatory license revocation under the Uniform Credentialing Act. The Preborn Child Protection Act itself is enforced through professional discipline rather than criminal prosecution. However, the older criminal code statutes can also apply: performing an abortion by other than accepted medical procedures or in violation of the 20-week post-fertilization ban are Class IV felonies, punishable by up to 2 years imprisonment and a $10,000 fine. The D&E ('dismemberment') ban is a Class IV felony. A violation of the physician-presence requirement is also a Class IV felony.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=38-193"},{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-3,108"}]},"prescriber_pharmacist":{"title":"Pharmacists not directly exposed","summary":"Non-physician prescribers are excluded from performing abortions; pharmacists filling prescriptions at a physician's direction are shielded from D&E ban liability.","description":"Nurse practitioners, physician assistants, and other non-physician prescribers cannot legally prescribe or administer abortion medication or perform abortions. Pharmacists who fill a prescription for abortion medication are not independently liable under the D&E ban, which specifically exempts any pharmacist or other individual who fills a prescription at the direction of a physician. However, a pharmacist who knowingly dispenses for an illegal abortion could theoretically face accomplice liability under general criminal law.","verification":"verified","confidence":"medium","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347"}]},"nurses_and_staff":{"title":"Non-physician staff shielded from D&E liability","summary":"Nurses and non-physician staff acting at a physician's direction are expressly shielded from liability under the D&E ban, but their exposure under the Preborn Child Protection Act is less clear.","description":"Nurses, medical assistants, receptionists, and other clinic staff who assist with abortions at the direction of a physician are explicitly protected from liability under Nebraska's D&E ban. The Preborn Child Protection Act, however, does not contain a parallel shield for staff — it targets physicians and exempts the pregnant woman, but does not mention staff. In practice, Nebraska has not pursued charges against clinic staff acting under physician supervision.","verification":"verified","confidence":"medium","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347"}]},"other_helpers":{"title":"No specific helper liability; general law applies","summary":"Nebraska has no statute specifically criminalizing those who help someone obtain an abortion; general accomplice and aiding-and-abetting law applies.","description":"Nebraska does not have a law that specifically targets friends, family members, or others who help someone obtain an abortion — no 'abortion trafficking' statute, no aid-or-abet provision specific to abortion. A person who drives a friend to an abortion clinic, pays for an abortion, or provides emotional support is not directly targeted by any Nebraska abortion statute. General criminal accomplice liability could theoretically apply, but the primary abortion statutes are enforced against physicians, not third parties.","verification":"verified","confidence":"medium","sources":[{"name":"Nebraska Attorney General","href":"https://ago.nebraska.gov/sites/default/files/docs/opinions/2934_001.pdf"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"No travel-assistance prohibition","summary":"Nebraska has no law criminalizing the act of helping someone travel out of state for an abortion; no 'abortion trafficking' statute exists.","description":"It is legal to help someone travel out of Nebraska to obtain an abortion in another state. Nebraska has not passed any 'abortion trafficking' law or other statute that criminalizes assisting, funding, or facilitating out-of-state abortion travel. The 12-week ban applies to abortions performed in Nebraska and does not reach conduct outside the state.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915"}]},"funding":{"title":"No funding-assistance prohibition","summary":"Nebraska does not criminalize paying for another person's abortion or abortion-related travel; no statute targets abortion funds or employer benefits.","description":"It is legal in Nebraska to help pay for someone's abortion or abortion-related travel. Abortion funds, charitable organizations, and employers can provide financial assistance for abortion care without facing liability under Nebraska law. The state has not passed any law restricting funding assistance.","verification":"not_applicable","confidence":"high"},"mailing_pills":{"title":"Unclear; physical-presence requirement limits mailing","summary":"Nebraska's physician-presence requirement effectively prevents in-state mailing of abortion pills, but no statute expressly prohibits receiving pills by mail.","description":"Nebraska requires the physician to be physically present in the same room with the patient for any abortion, including medication abortion. This makes it illegal for a Nebraska physician to prescribe and mail abortion pills. However, Nebraska law does not expressly criminalize a patient receiving pills mailed from an out-of-state provider. This creates an uncertain legal situation where out-of-state mail-order abortion medication occupies a gray area.","verification":"verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html"}]},"providing_information":{"title":"No liability for providing information","summary":"Nebraska does not criminalize providing information, referrals, or websites about abortion; First Amendment protections apply.","description":"Telling someone where they can obtain an abortion, sharing website links, or providing information about out-of-state clinics is legal in Nebraska. There is no law restricting the provision of abortion-related information, and such speech is protected by the First Amendment.","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No SB8-style civil bounty","summary":"Nebraska has no law allowing private individuals to sue abortion providers or helpers for civil damages; no bounty-enforcement mechanism exists.","description":"Nebraska does not have a law like Texas's SB 8 that lets private citizens sue anyone who performs or helps with an abortion. There is no civil bounty mechanism in Nebraska law. The state's abortion restrictions are enforced through professional licensing discipline and, for some older criminal-code statutes, criminal prosecution by the state.","verification":"not_applicable","confidence":"high"}},"procedural_requirements":{"waiting_period":{"title":"24-hour mandatory delay","summary":"Nebraska requires at least 24 hours between receiving state-mandated information and the abortion procedure.","description":"A person seeking an abortion in Nebraska must wait at least 24 hours after receiving specific state-mandated information before the procedure can be performed. The information can be provided by phone without a physical examination, meaning the first contact can be remote. However, the combined requirements (ultrasound at least 1 hour before, screening evaluation) create practical barriers. The 1979 version of this waiting period was enjoined as unconstitutional, but the current 24-hour version has been in effect since Casey allowed such requirements.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327"}]},"mandatory_counseling":{"title":"State-scripted counseling required","summary":"Nebraska mandates specific counseling topics including detailed risk-factor evaluation; the state provides printed materials describing fetal development and alternatives.","description":"Before an abortion, a Nebraska patient must receive detailed information including: medical risks of the specific procedure, probable gestational age, risks of carrying to term, that the father is liable for child support, that medical assistance may be available, and that mifepristone alone may not end a pregnancy. The state also requires a licensed professional to evaluate the patient for risk factors associated with abortion and any perception of being pressured. The patient must be offered state-produced printed materials describing fetal development and listing alternatives to abortion.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327"}]},"ultrasound_requirement":{"title":"Ultrasound mandatory if used; display offered","summary":"If an ultrasound is performed before an abortion, it must be done at least 1 hour prior, with the image displayed so the patient can choose to view it.","description":"If an ultrasound is used before an abortion — which is typical for dating purposes — Nebraska law requires it to be performed at least 1 hour before the procedure. The ultrasound image must be displayed on a screen positioned so the patient can choose to view it or not. The patient is not required to look. If the patient asks questions about the image, the provider must answer them, including providing a detailed medical description of dimensions, cardiac activity, and visible body parts if the patient requests it.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327"}]},"in_person_visits":{"title":"At least 1 in-person visit","summary":"The combined requirements force at least one in-person visit: the physician must be physically present, and the ultrasound must be performed at the clinic.","description":"Nebraska's requirements compel at least one in-person visit for an abortion. The physician must be physically present in the same room — telehealth is not permitted. The required counseling information can be provided by phone, so the 24-hour waiting period can run from a phone call. But the ultrasound (at least 1 hour before) requires an in-person visit, and the physician must be physically present for the procedure itself. In effect, the minimum in-person requirement is one visit, though many patients may need two (one for the ultrasound and counseling, a second for the procedure after the 24-hour wait).","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327"}]}},"minors":{"parental_involvement":{"title":"One-parent consent; judicial bypass available","summary":"A minor under 18 must obtain notarized written consent from one parent or guardian, or obtain a judicial bypass, before an abortion can be performed.","description":"If you are under 18 in Nebraska, you must get written, notarized consent from one parent or legal guardian before having an abortion. If you cannot or do not want to involve a parent — for example, in cases of abuse — you can ask a judge for permission instead. This is called a judicial bypass. The court process is confidential, you can use a pseudonym or your initials, and the court must decide within 7 days. You have the right to a court-appointed attorney.","verification":"semi_verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=71"}]},"judicial_bypass":{"title":"Judicial bypass available; 7-day deadline","summary":"A minor can petition a court for waiver of parental consent based on maturity, best interests, or evidence of abuse; the court must rule within 7 days.","description":"A minor who does not want to or cannot get parental consent can file a petition with the court asking a judge to authorize the abortion. The judge can grant the bypass if they find the minor is mature and well-informed enough to make the decision, or that an abortion without parental consent is in the minor's best interests, or that there is evidence the minor has been abused by a parent or guardian. The court must rule within 7 calendar days. The entire proceeding is confidential, the minor can use a pseudonym, and she has the right to a free attorney. If the court does not rule in time, the minor can ask the Nebraska Supreme Court for relief.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/nebraska/chapter-71/statute-71-6903"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice statute","summary":"Nebraska has no statute on the books requiring spousal or paternal consent or notice for an abortion.","description":"A married person in Nebraska does not need their spouse's permission or notification to obtain an abortion. The father of the pregnancy has no legal right to consent to or be notified about the abortion. Nebraska has never enacted a spousal consent or notice requirement for abortion.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"No statute to enforce","summary":"Since Nebraska has no spousal or paternal consent/notice law, the Danforth/Casey enforceability questions do not arise; Dobbs does not independently create paternal rights.","description":"Because Nebraska has no spousal or paternal consent law, there is nothing to enforce or challenge. The U.S. Supreme Court's Dobbs decision does not create any paternal veto over abortion. The father of a fetus has no statutory right to prevent an abortion in Nebraska.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Father may bring wrongful-death claim for fetus","summary":"Nebraska's wrongful-death statute permits an action for the death of an unborn child at any stage of gestation, but exempts the mother and consenting providers.","description":"Under Nebraska's wrongful-death law, if an unborn child dies due to someone else's wrongful act, a legal claim can be brought. This could theoretically include the father of the fetus as a potential beneficiary. However, the law specifically says no claim can be brought against the mother of the unborn child, against a physician who performed a medical procedure with consent, or against a person who lawfully dispensed a drug or device. This means the father cannot sue the mother for a lawful abortion.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-809"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide recognized; mother exempt","summary":"Nebraska recognizes homicide of an unborn child at any stage of development, but the statutes do not reach the pregnant woman or lawful abortion.","description":"Nebraska law makes it a crime to kill an unborn child — defined at any stage of development — through murder or manslaughter. These fetal homicide laws apply when a third party causes the death of a fetus, such as in an assault on a pregnant person. The laws do not apply to the pregnant person herself or to lawful medical procedures. A physician performing a legal abortion is not committing fetal homicide.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-391"}]},"wrongful_death":{"title":"Wrongful-death action for fetus; mother/provider exempt","summary":"Nebraska authorizes civil wrongful-death actions for an unborn child at any stage of gestation, but with explicit exemptions for the mother, consenting providers, and lawful drug dispensers.","description":"Nebraska's wrongful-death law allows a lawsuit when an unborn child dies because of someone's wrongful act. The law covers a fetus at any stage of pregnancy. However, the law explicitly says no lawsuit can be brought against the pregnant person, against a doctor who performed a medical procedure with consent, or against someone who lawfully dispensed medication. This means that while a father could theoretically sue someone else for causing a miscarriage, he cannot sue the mother for having a lawful abortion.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-809"}]},"personhood_definition":{"title":"No standalone personhood definition enacted","summary":"Nebraska has no statutory or constitutional provision declaring that life or personhood begins at conception; the closest is the constitutional provision protecting 'unborn children' in the second and third trimesters.","description":"Nebraska has not enacted a broad 'personhood' law declaring that life begins at fertilization. The closest thing is the state constitution's language, adopted in 2024, which says 'unborn children shall be protected from abortion in the second and third trimesters.' This is a time-limited protection, not a declaration that a fetus is a person for all legal purposes. The criminal code defines 'unborn child' for abortion purposes but does not grant full personhood. A 2026 ballot initiative (Choose Life Now) that would have defined a 'preborn child' as a person 'at every stage of development, beginning at fertilization' failed to collect enough signatures.","verification":"verified","confidence":"high","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/articles.php?article=I-31"}]},"contradictions_analysis":"Nebraska's law is internally contradictory regarding fetal personhood, though the contradictions are partially managed by express statutory exemptions. The wrongful-death statute (§ 30-809) defines 'person' to include 'an unborn child in utero at any stage of gestation' — meaning a fetus at conception has the legal standing of a person for civil damages purposes. The fetal-homicide laws (§§ 28-391 to 28-394) treat the killing of an unborn child as murder or manslaughter. Simultaneously, the abortion code permits abortion before 12 weeks without restriction, and the mother is expressly exempted from liability under every abortion statute (§ 71-6917, § 28-347(3), § 28-3,108, § 28-328(3)). The wrongful-death law itself manages the tension by exempting the mother, consenting physicians, and lawful drug dispensers from liability. The constitutional amendment (Art. I-31) protects 'unborn children' from abortion only in the second and third trimesters, implying permissiveness in the first trimester. The net effect is that Nebraska law treats the unborn as a legal victim when harmed by third-party violence but not when abortion is the cause of death — a classic 'two-track' fetal personhood system that uses express statutory carve-outs to maintain the distinction rather than resolving the underlying philosophical contradiction."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth abortion prohibited","summary":"Nebraska's physician-presence requirement bans telehealth for abortion; the prescribing physician must be in the same room as the patient.","description":"Telehealth for abortion is not allowed in Nebraska. The law explicitly requires the physician to be physically present in the same room with the patient when performing or inducing an abortion, including for medication abortion. This means a Nebraska resident cannot have a video appointment and receive abortion pills prescribed by a Nebraska physician.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html"}]},"out_of_state_travel":{"title":"Travel for abortion permitted","summary":"Nebraska imposes no restriction on residents traveling out of state for abortion care, and no law purports to regulate out-of-state conduct.","description":"Nebraska residents can freely travel to another state to obtain an abortion that would be illegal in Nebraska after 12 weeks. The state has no law restricting or penalizing out-of-state travel for abortion. The 12-week ban only applies to abortions performed within Nebraska.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; not a hostile interstate state","summary":"Nebraska has enacted neither a shield law to protect abortion providers from out-of-state investigations nor a law targeting cross-border abortion activity.","description":"Nebraska is not a 'shield' state — it has no law protecting abortion providers or patients from investigations or legal actions originating in other states. At the same time, Nebraska has not passed any law that tries to reach out and penalize abortion activity in other states. Nebraska occupies a middle ground: it restricts abortion within its own borders but has not joined the interstate legal battles over abortion.","verification":"not_applicable","confidence":"high"}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only coverage; Executive Order defunds providers","summary":"Nebraska Medicaid covers abortion only in cases of life endangerment, rape, or incest (Hyde Amendment categories); a 2025 Executive Order seeks to disenroll abortion providers from Medicaid.","description":"Nebraska's Medicaid program only pays for abortion in three narrow circumstances: when the pregnancy threatens the woman's life, or when the pregnancy resulted from rape or incest. This is the minimum required by federal law under the Hyde Amendment. Nebraska does not use state dollars to cover abortion beyond these categories. In November 2025, Governor Pillen signed an executive order directing the health department to review and disenroll abortion providers from the Medicaid program entirely.","verification":"semi_verified","confidence":"high","sources":[{"name":"Nebraska Governor","href":"https://govdocs.nebraska.gov/docs/pilot/pubs/eofiles/25-16.pdf"}]},"private_insurance":{"title":"Elective abortion coverage banned; riders required","summary":"Private insurance plans in Nebraska may not cover elective abortion; coverage is available only through a separately purchased rider for which an additional premium is paid.","description":"Private health insurance plans in Nebraska cannot cover elective abortions as part of standard coverage. If someone wants abortion coverage, they must purchase it as a separate, optional rider and pay an additional premium just for that coverage. This applies to all health insurance plans issued in Nebraska, including employer plans. Insurers cannot offer discounts or incentives for choosing abortion coverage.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/nebraska/chapter-44/statute-44-8403"}]},"exchange_plans":{"title":"ACA exchange plans: no abortion coverage","summary":"Nebraska prohibits qualified health plans on the state's ACA exchange from covering any abortion except to save the woman's life or for medical complications.","description":"Health insurance plans sold through Nebraska's Affordable Care Act marketplace cannot cover abortion at all, except when necessary to prevent the patient's death or to treat medical complications from an abortion. This goes further than the private-insurance restriction: exchange plans cannot even offer an optional abortion rider.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/nebraska/chapter-44/statute-44-8403"}]},"state_funding_of_providers":{"title":"State defunds abortion providers","summary":"Nebraska actively defunds abortion providers through Executive Order No. 25-16, which directs disenrollment of providers from Medicaid if they have been sanctioned by any state.","description":"Nebraska has taken steps to cut off state funding — particularly Medicaid dollars — from organizations that provide abortions. In November 2025, Governor Pillen signed an executive order directing the state health department to kick abortion providers out of the Medicaid program. While the state has a history of broader defunding efforts, the current mechanism is this executive order, which uses any state's prior Medicaid sanctions as grounds for Nebraska disenrollment.","verification":"semi_verified","confidence":"high","sources":[{"name":"Nebraska Governor's Office","href":"https://governor.nebraska.gov/governor-pillen-signs-executive-order-restricting-taxpayer-dollars-abortion-providers"}]}}},"penalties":[{"actor":"Physician — 12-week ban violation","offense":"Unlawful abortion under Preborn Child Protection Act (§ 71-6915)","penalty":"Automatic license revocation under Uniform Credentialing Act (§ 38-193(2)). Not independently criminal (AG Opinion No. 2934).","verification":"verified","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=38-193"}]},{"actor":"Physician — 20-week ban violation","offense":"Intentional or reckless abortion after 20 weeks post-fertilization (§ 28-3,106)","penalty":"Class IV felony: max 2 years imprisonment, $10,000 fine, or both; no mandatory minimum (§ 28-105).","verification":"verified","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-3,108"}]},{"actor":"Physician — D&E ban violation","offense":"Intentional and knowing dismemberment abortion (§ 28-347)","penalty":"Class IV felony: max 2 years imprisonment, $10,000 fine (§ 28-347.04).","verification":"semi_verified","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347.04"}]},{"actor":"Physician — partial-birth abortion","offense":"Intentional and knowing partial-birth abortion (§ 28-328)","penalty":"Class III felony: max 4 years imprisonment, $25,000 fine; automatic license suspension and revocation (§ 28-328(2), (4)). Statute held unconstitutional in Stenberg v. Carhart (2000); federal 18 U.S.C. § 1531 applies with up to 2 years imprisonment.","verification":"verified","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-328"}]},{"actor":"Non-physician performing abortion","offense":"Performing abortion by person other than licensed physician (§ 28-335(1))","penalty":"Class IV felony: max 2 years imprisonment, $10,000 fine.","verification":"verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html"}]},{"actor":"Physician — telehealth/physical-presence violation","offense":"Performing or inducing abortion without physical presence in same room (§ 28-335(2))","penalty":"Class IV felony: max 2 years imprisonment, $10,000 fine.","verification":"verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html"}]},{"actor":"Pregnant woman","offense":"Not subject to penalty under Preborn Child Protection Act, D&E ban, 20-week ban, partial-birth ban, or physician-presence requirement","penalty":"None. Expressly exempted by § 71-6917, § 28-347(3), § 28-3,108, § 28-328(3), § 28-335(2).","verification":"verified","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6917"}]}],"recent_changes":[{"date":"2022-06-24","event":"U.S. Supreme Court decides Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and Planned Parenthood v. Casey. Nebraska's abortion statutes become the operative law without federal constitutional overlay.","sources":[{"name":"U.S. Supreme Court","href":"https://www.law.cornell.edu/supremecourt/text/19-1392"}]},{"date":"2023-04-25","event":"Nebraska Attorney General issues Opinion No. 2934, concluding that violations of the proposed Heartbeat Act (LB 626) would not become crimes under § 28-336 and that law-enforcement reporting for sexual assault exceptions may be satisfied before or after an abortion.","sources":[{"name":"Nebraska Attorney General","href":"https://ago.nebraska.gov/sites/default/files/docs/opinions/2934_001.pdf"}]},{"date":"2023-05-22","event":"Governor Jim Pillen signs LB 574, the Preborn Child Protection Act, banning abortion at 12 weeks gestational age. The ban takes effect immediately. LB 574 also includes the Let Them Grow Act restricting gender-affirming care for minors.","sources":[{"name":"Nebraska Legislature","href":"https://governor.nebraska.gov/press/governor-pillen-signs-lb574-law-abortion-ban-takes-effect-immediately"}]},{"date":"2024-07-26","event":"Nebraska Supreme Court upholds LB 574 against single-subject constitutional challenge in Planned Parenthood of the Heartland v. Hilgers, 317 Neb. 217.","sources":[{"name":"Nebraska Supreme Court / Justia","href":"https://law.justia.com/cases/nebraska/supreme-court/2024/s-23-644.html"}]},{"date":"2024-10-28","event":"DHHS issues Health Alert Network Advisory clarifying the Preborn Child Protection Act, confirming that no disciplinary action has been taken for violations in nearly two years, and emphasizing that the medical emergency exception does not require immediacy.","sources":[{"name":"Nebraska DHHS","href":"https://dhhs.ne.gov/han%20Documents/ADVISORY10282024.pdf"}]},{"date":"2024-11-05","event":"Nebraska voters approve Initiative 434 (Protect Women and Children Constitutional Amendment), enshrining the 12-week abortion ban in Article I-31 of the state constitution, and reject Initiative 439, which would have created a constitutional right to abortion until viability.","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/laws/articles.php?article=I-31"}]},{"date":"2025-11-06","event":"Governor Pillen signs Executive Order No. 25-16 directing DHHS to disenroll abortion providers from Nebraska's Medicaid program based on any state's prior sanctions, effectively defunding Planned Parenthood and other providers.","sources":[{"name":"Nebraska Governor","href":"https://governor.nebraska.gov/governor-pillen-signs-executive-order-restricting-taxpayer-dollars-abortion-providers"}]},{"date":"2026-07-06","event":"The Choose Life Now ballot initiative, which would have enacted a total abortion ban with fetal-personhood language, fails to submit the required number of signatures by the deadline.","sources":[{"name":"Nebraska Examiner","href":"https://nebraskaexaminer.com/2026/07/06/effort-to-enact-total-abortion-ban-in-nebraska-fails-to-submit-signatures-for-a-ballot-initiative"}]}],"pending_changes":[{"name":"Protect Our Rights 2026 Ballot Initiative","type":"ballot_measure","status":"Petition circulation underway as of July 2026; signature deadline was July 3, 2026; status of qualification not yet confirmed in search results but campaign active as of late June 2026.","effect":"If qualified and approved, would amend the Nebraska Constitution to establish a fundamental right to abortion, potentially overriding the 12-week ban in Art. I-31. The measure would protect abortion until viability or when necessary to protect the patient's life or health.","sources":[{"name":"League of Women Voters of Nebraska","href":"https://lwvnebraska.org/deadline-nears-to-collect-signatures-for-protect-our-rights-petition"}]},{"name":"LB 1109 — Fatal Fetal Anomaly Exception","type":"legislation","status":"Introduced in the 2025-2026 legislative session; not yet enacted.","effect":"Would add a fatal fetal anomaly exception to the Preborn Child Protection Act, allowing abortion after 12 weeks when the fetus has a condition incompatible with life.","sources":[{"name":"BillTrack50","href":"https://www.billtrack50.com/billdetail/1671624"}]},{"name":"LB 632 — Abortion Remains Disposition Requirement","type":"legislation","status":"Advanced through first round of debate in 2025 session; stalled as session ended; could be revived.","effect":"Would require health care facilities to dispose of remains from procedural abortions by cremation or burial. Imposes additional regulatory burden on abortion providers.","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59547"}]},{"name":"LB 715 — Repeal Insurance Coverage Prohibitions","type":"legislation","status":"Introduced 2025-2026 session; not enacted.","effect":"Would eliminate the prohibition on publicly funded insurance coverage for abortion and repeal the Mandate Opt-Out and Insurance Coverage Clarification Act. Would allow Medicaid and public employee plans to cover abortion.","sources":[{"name":"Nebraska Legislature","href":"https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=46968"}]}],"key_authorities":[{"name":"Nebraska Constitution Article I-31","citation":"Neb. Const. Art. I, § 31","type":"constitution","url":"https://nebraskalegislature.gov/laws/articles.php?article=I-31","why":"Constitutional provision adopted November 2024 that enshrines the 12-week abortion ban with exceptions for medical emergency, rape, and incest. Any future statutory changes to the 12-week limit would require a new constitutional amendment."},{"name":"Preborn Child Protection Act","citation":"Neb. Rev. Stat. §§ 71-6914 to 71-6917","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6915","why":"The primary operative gestational ban: prohibits abortion at 12 or more weeks with exceptions for medical emergency, sexual assault, and incest. Enforced through professional discipline, not criminal prosecution."},{"name":"Informed Consent Law","citation":"Neb. Rev. Stat. § 28-327","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-327","why":"Comprehensive informed consent statute requiring 24-hour waiting period, state-scripted counseling, ultrasound protocols, and risk-factor evaluation."},{"name":"Physician-Only and Physical-Presence Law","citation":"Neb. Rev. Stat. § 28-335","type":"statute","url":"https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-335.html","why":"Makes it a Class IV felony for anyone other than a licensed physician to perform an abortion and requires the physician to be physically present in the same room — the statute that bans telehealth for abortion."},{"name":"D&E/Dismemberment Abortion Ban","citation":"Neb. Rev. Stat. §§ 28-347 to 28-347.04","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-347","why":"Method-specific ban on dilation and evacuation abortion at any stage of pregnancy, with medical emergency exception. Class IV felony. Exempts pregnant woman, non-physician staff, and pharmacists."},{"name":"20-Week Post-Fertilization Ban","citation":"Neb. Rev. Stat. §§ 28-3,106 to 28-3,108","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-3,106","why":"Nebraska's pre-existing gestational limit, now largely superseded by the stricter 12-week ban; remains in effect as a backstop."},{"name":"Mother Exemption (Preborn Child Protection Act)","citation":"Neb. Rev. Stat. § 71-6917","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=71-6917","why":"Expressly exempts the pregnant woman from all liability under the Preborn Child Protection Act — the most important single sentence in Nebraska abortion law."},{"name":"Parental Consent Law","citation":"Neb. Rev. Stat. §§ 71-6901 to 71-6909","type":"statute","url":"https://law.justia.com/codes/nebraska/chapter-71/statute-71-6903","why":"Requires notarized written consent of one parent for minors; provides judicial bypass with 7-day deadline, confidentiality, and right to counsel."},{"name":"Fetal Homicide Laws","citation":"Neb. Rev. Stat. §§ 28-391 to 28-394","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-393","why":"Creates separate homicide offenses for killing an unborn child, creating tension with the permissive early-pregnancy abortion framework."},{"name":"Wrongful Death for Unborn Child","citation":"Neb. Rev. Stat. § 30-809","type":"statute","url":"https://nebraskalegislature.gov/laws/statutes.php?statute=30-809","why":"Treats an unborn child at any stage of gestation as a 'person' for civil wrongful-death purposes, while exempting the mother and consenting providers."},{"name":"Insurance Coverage Restrictions","citation":"Neb. Rev. Stat. § 44-8403","type":"statute","url":"https://law.justia.com/codes/nebraska/chapter-44/statute-44-8403","why":"Bans abortion coverage in ACA exchange plans and requires an optional rider for all private plans, with separate premium."},{"name":"Planned Parenthood of the Heartland v. Hilgers","citation":"317 Neb. 217 (2024)","type":"case","url":"https://law.justia.com/cases/nebraska/supreme-court/2024/s-23-644.html","why":"Nebraska Supreme Court decision upholding LB 574 against single-subject challenge, confirming the enforceability of the 12-week ban."},{"name":"Stenberg v. Carhart","citation":"530 U.S. 914 (2000)","type":"case","url":"https://www.law.cornell.edu/supremecourt/text/99-830","why":"U.S. Supreme Court decision striking down Nebraska's partial-birth abortion ban as unconstitutional; the ban remains on the books but unenforceable."},{"name":"Attorney General Opinion No. 2934","citation":"Neb. Att'y Gen. Op. No. 2934 (April 25, 2023)","type":"ag_opinion","url":"https://ago.nebraska.gov/sites/default/files/docs/opinions/2934_001.pdf","why":"Clarifies that Preborn Child Protection Act violations are not criminal under § 28-336 and that sexual-assault law-enforcement reporting may occur before or after an abortion."},{"name":"Initiative 434 — Protect Women and Children","citation":"2024 Neb. Laws, Initiative 434","type":"ballot_measure","url":"https://sos.nebraska.gov/sites/default/files/doc/Protect%20Women%20and%20Children%20Constitutional%20Amendment.pdf","why":"The ballot measure approved by voters that added Article I-31 to the Nebraska Constitution, permanently constitutionalizing the 12-week abortion ban."}],"research_notes":{"overall_confidence":"high","editor_notes":"Re-verify the status of the Protect Our Rights 2026 ballot initiative after the July 3, 2026 signature deadline. Confirm that § 28-327's 24-hour waiting period is the version currently in effect (the annotated Nebraska Legislature site references the 1979 injunction of the old 48-hour version). Check whether LB 632 (abortion remains disposition) or any other abortion bill advanced in the 2026 legislative session after the research date. Verify that no new litigation has been filed challenging the 12-week ban on state constitutional grounds after the passage of Initiative 434.","gaps":["The precise gestational measurement method for '12 or more weeks' under § 71-6915 is not specified in the statute itself; the DHHS advisory and external sources indicate measurement from last menstrual period, but the statutory text uses 'probable gestational age' without defining the measurement standard. Confirmation from administrative rule or official DHHS guidance would strengthen this finding.","Whether the viability ban at § 28-329 (using 'life or health of the mother' without the word 'physical') provides a broader health exception than the Preborn Child Protection Act is ambiguous. The two statutes overlap and may conflict.","The status of the Protect Our Rights 2026 ballot initiative was not definitively confirmed as qualified or failed as of the research date. Multiple sources indicated the July 3, 2026 signature deadline, but results were not in search results.","The interaction between Nebraska's physical-presence requirement and out-of-state shield-law providers has not been litigated in Nebraska courts. The analysis represents a best-guess legal assessment.","The status of the 1979 version of § 28-327 (48-hour waiting period) — whether the permanent injunction from Womens Services, P.C. v. Thone applies to the current § 28-327 or only to the superseded 1979 language — warrants verification by a Nebraska-licensed attorney."]}}