On the last day of the legislative session, the Nebraska Senate passed a ban on dilation and evacuation (D&E) abortions that utilize clamps, forceps or other instruments. This will prevent abortionists from dismembering the preborn baby as the method of death in the abortion process.

Known as LB 814, the bill passed on a vote of 33-8 in the state senate after a last-minute filibuster attempt by pro-abortion legislators failed. Governor Pete Ricketts, R, who supports the ban, is expected to sign it into law.

Abortionists use D&E abortions after the 12th week of pregnancy.

This ban is unique because though would prevent D&E abortions that use instruments like clamps, forceps and others to dismember and kill the preborn baby,  abortionists are not prevented from using suction for the process. The bill makes other notable exceptions, including permitting the use of dismemberment if the preborn baby is already dead or in the event of an emergency. For example, it would be permittable for the abortionist to kill the preborn through the use of a poison like digitoxin and then complete the abortion through dismembering the preborn baby in the womb.

“Life has won today in Nebraska. By ending dismemberment abortion, our state has demonstrated and reaffirmed its deep respect for the human dignity of preborn children and their mothers,” Marion Miner, associated Director for Pro-Life and Family at the Nebraska Catholic Conference, said. “Passing LB 814 will again establish Nebraska as a national leader in the cause for life. We are committed to affirming the humanity of every single life and making every form of abortion unthinkable.”

Nebraska will become the 12th state to adopt such a ban, but like bills in other states, it will likely be challenged in court by pro-abortion activists. However, there is a good chance that this bill will go into effect.

Bans on D&E abortions are currently in effect in Mississippi, West Virginia, and, by August 28,  Arkansas.

State Senator Suzanne Geist of Lincoln said, “We are giving humanity to a little one out of respect for human dignity. That’s what we’re voting on. We’re not voting on anything else but banning this barbaric procedure.”

Gov. Ricketts wrote a supportive piece in March praising the legislation, “Nebraska is a pro-life state that respects the dignity of human life. You can see it in everything from how Nebraskans care for their neighbors to how legislators fight to protect preborn babies.”

Pro-abortion legislators claim the bill is unconstitutional, and State Senator Ernie Chambers sent an official request to Nebraska’s Attorney General Douglas J. Peterson to investigate this issue.

In response, the attorney general wrote, “For the reasons explained below, and based on the information available to our office at this time, we conclude that LB 814 is likely constitutional. Under binding U.S. Supreme Court precedent recently clarified by Chief Justice John Roberts in June Medical Services LLC v. Russo, it does not appear that LB 814, if enacted, will impose a substantial obstacle on access to abortion in Nebraska.”

State Senator Megan Hunt, who led the filibuster, tweeted, “This abortion ban would not have passed without some scheduling sleight-of-hand, period. Leadership in the Legislature came together to make sure LB 814 was ushered across the finish no matter what. The bill was never even formally introduced. To be continued in 2021, I’m sure!”

 After the bill is officially signed into law, a legal challenge is expected.

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