Abortion Foes Celebrate New Procedure Ban
A bill signing ceremony on the steps of the State Capitol praised state senators for passing a ban on an abortion procedure described as “gruesome” and “brutal” by anti-abortion activists.
Nebraska Gov. Pete Ricketts signed LB 814 on Saturday. The bill makes it a felony to perform a so-called “dismemberment” abortion – a medical procedure called dilation and evacuation that abortion providers and supports say is safe and should be legal – anywhere in Nebraska.
Nebraska had 2,068 abortions performed in 2019, according to a report from the state Department of Health and Human Services. Of those, six were dilation and evacuation – or about 0.3% of the abortions performed in the state.
Under the new law, spearheaded by Sen. Suzanne Geist, such procedures would result in the provider facing up to two years in prison and a fine of $10,000.
“Nebraska is a pro-life state, and this week the Legislature took an important step to strengthen our culture of life,” Ricketts said at the ceremony. “Senator Geist’s bill bans the horrific procedure of dismemberment abortion, which tears apart a living baby’s body limb by limb. This brutal procedure has no place in a humane, civilized society.”
The Guttmacher Institute, an abortion-rights research organization, states that dilation and evacuation abortions are the most common second-trimester procedure.
“Similar to a first-trimester surgical procedure, the patient’s cervix is dilated and suction is used to remove the fetus. Depending on a variety of factors (including gestational age, the extent of dilation, and providers’ training and preference), the provider might also use surgical instruments as a primary or secondary part of the procedure,” according to the nonprofit organization.
The new law prohibits the use of clamps, forceps, tongs or scissors to perform an abortion.
Most women who have a second-trimester abortion would have preferred to have one earlier, the Guttmacher Institute says, and state abortion restrictions are among the reasons for delays in abortion care. Accordingly, the organization says bans on second-trimester abortions disproportionally reduce access to abortions for young women, low-income women and women of color.
The ACLU of Nebraska says that similar bans in other states have faced legal challenges because the bans create “undue burden to accessing abortion care” and therefore are unconstitutional. At least 12 other states have adopted similar legislation.
“Let’s call this what it is: a gross interference in the doctor-patient relationship that forces politicians’ personal beliefs about abortion on Nebraskans,” the ACLU tweeted. “LB 814 disregards Nebraskans’ health and undermines their freedom to make personal decisions in consultation with their physicians. It puts a narrow ideological agenda over patient health. It makes it a crime for doctors to use their best medical judgment.”
Geist, the sensor who sponsored the legislation, said she was honored to carry the bill.
“This bill passed because a great majority of the Legislative body and a great majority of Nebraska citizens agree with pro-life legislation,” Geist said. “I appreciate all who prayed, who contacted their senators and all who voted. This is a significant step forward for the pro-life movement.”
LB 814 initially was blocked by the Judiciary Committee, but Geist filed a seldom used “pull motion” to bring it to the floor of the Legislature. She overcame three filibusters to bring the bill to a final vote and ultimate passage.
Karen Bowling, executive director of Nebraska Family Alliance, called the bill a “landmark victory for the pro-life movement.”
“Senators had to overcome nearly every procedural hurdle in the book to get here, but 33 senators affirmed that the unthinkable act of dismembering a live baby in the womb should be abolished,” Bowling said. “All babies deserve a chance at life, and no living human being should be torn apart limb by limb.”
“Nebraska Right to Life thanks Gov. Ricketts and Sen. Geist for their leadership in passing the LB 814 dismemberment abortion ban,” said Julie Schmit-Albin, executive director of Nebraska Right to Life. “With the assistance of many other pro-life supporters and advocates, you have proven once again that Nebraska is a pro-life state.”
Planned Parenthood North Central States condemned the law as an attack on reproductive health.
“This egregious law is not about improving the health care of Nebraskans and, instead, is about shaming them and placing additional burdens on women,” said Andi Curry Grubb, Nebraska executive director of Planned Parenthood North Central States. “Despite these attempts, we at Planned Parenthood will continue to connect women with the critical care they need.”
Among the reason that second-trimester abortions are performed are health risks to pregnant women and fetal anomalies that aren’t detected until later in pregnancy, according to Planned Parenthood.
“Nebraskans are facing unprecedented challenges during this pandemic,” said Meg Mikolajczyk, Nebraska deputy director and legal counsel for Planned Parenthood North Central States. “Instead of wasting precious time interfering with personal health care decisions, they should have been focused on finding solutions that help move our state forward.”
Supporters of the bill believe they have advanced Nebraska.
Marion Miner, associate director for pro-life and family for the Nebraska Catholic Conference, said ending “the horrific practice of dismemberment abortion” is a significant victory.
“Yet it is just one part of building a Culture of Life in Nebraska which helps provide for the needs of mothers and children, honors a common human dignity and works to make abortion unnecessary and unthinkable,” Miner said.
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