Supporters and opponents of abortion restrictions pack Capitol

Feb. 1, 2023, midnight ·

People pack Nebraska Capitol hallway for abortion hearing (Photo by Fred Knapp, Nebraska Public Media News)
People pack Nebraska Capitol hallway for abortion hearing (Photo by Fred Knapp, Nebraska Public Media News)

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Supporters and opponents of abortion rights packed the Nebraska Capitol Wednesday for a hearing on a proposal to restrict the procedure.

The proposal by Sen. Joni Albrecht would prohibit abortions after cardiac activity is detected, about four weeks after fertilization or six weeks after a woman’s last menstrual period. Albrecht described the bill as pro-woman and pro-baby.

“I believe and I think we all believe that every woman and every child deserves love, and that our state will be at its best when every life counts and that in Nebraska we can love them both,” Albrecht said.

The bill contains exceptions for rape, incest or medical emergencies. But Sen. Machaela Cavanaugh, questioning Albrecht, said the definition of medical emergency doesn’t go far enough.

“You don't trust the doctor’s judgment enough to save their patient from suicide, only from other conditions,” Cavanaugh said.

“If the doctor deems that a medical condition…”Albrecht began.

Cavaugh quoted from the bill. It says “No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function,” she read.

“That doesn't say suicide,” Albrecht responded.

Dr. Ingrid Skop, an Ob/Gyn from Texas, which has similar limits on the time when abortions can be obtained, defended those limits.

“This legislation does not prevent a woman from obtaining abortion. It just requires that she do so at an early gestational age when it is

Out: safer

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Critics of the time limit say that at six weeks, many women don’t even know they’re pregnant.

Marion Miner, representing the Nebraska Catholic Conference, supported the bill. Miner said Nebraska’s neighboring states of Iowa, Missouri, South Dakota and Wyoming have enacted even stricter regulations, leaving Nebraska as a potential magnet for women seeking abortions.

“The number of children lost annually to abortion in Nebraska, after many years of decline, has begun to increase again. It is imperative that we pass legislation similar to what has been enacted in states around us, to prevent Nebraska from becoming a regional elective abortion tourism or destination state,” Miner said.

At a news conference before the hearing, Sen. Megan Hunt predicted the ban would hurt Nebraskans:

“It will be Nebraskans without enough money to travel to a pro-choice state. Nebraskans without enough money to get these procedures, who are forced to carry pregnancies that they do not want or that put them in medical danger. People of color who are more likely to be arrested, profiled, targeted by law enforcement. Migrants who will be afraid to seek care. Trans and non binary people who are denied care,” Hunt said.

If, as expected, the Health and Human Services Committee advances the bill, it will face a filibuster by opponents in the full Legislature. With 32 Republicans and one pro-life Democrat in the officially nonpartisan body, the bill may have the 33 votes necessary to overcome a filibuster.

Also Wednesday, the Revenue Committee held a public hearing on proposals to limit tax increases by local school districts.

The proposal by Sen. Tom Briese would limit increases to three percent per year, plus a little more for schools with high student growth, high levels of poverty, or a lot of students whose first language is not English.

Under the proposal, the limits could be overridden by 70 percent of the school board members or 60 percent of local voters.

Gov. Jim Pillen testified in support of the bill.

“I think it's important to be really crystal clear that this bill is a part of the package, of not giving up on kids, education reform, funding reform, and tax policy,” Pillen said.

Pillen has proposed major increases in state aid to education, but says those have to be accompanied by spending restraint in order to ensure Nebraskans get some relief from property taxes.

A coalition of 8 farm groups, representing some of the state’s largest property taxpayers, also supported the proposal.

Speaking for the Greater Nebraska Schools Association, which represents 25 of the state’s largest districts, Kyle Fairbairn opposed the bill. He said schools already face a staff shortage, while prison guards, state troopers, and some other state employees have recently gotten raises of 20 percent or more.

“The only way you could increase salaries that much in our current system, for the schools I represent, is if you cut staff. If you cut staff, you have to raise class size. I don't think that's going to attract more teachers by raising their class size from 22 to 25,” Fairbairn said.

Doug Kagan of Nebraska Taxpayers for Freedom testified neutral on the bill. Kagan said he liked the idea of tax caps, but the bill doesn’t go far enough.

“We believe this legislation should embody additional restrictions. We believe the caps in this bill resemble Swiss cheese, too easily circumvented,” Kagan said.

The committee took no immediate action on the proposal.