On Aug. 13, the final vote stood at 33-8. State Sen. Carol Blood (3-Bellevue) abstained from voting after saying she had concerns that the ban would not apply if suction is used to remove pieces of a fetus, nor would it apply if the fetus was killed before being removed, a process that Blood called equally horrific, according to the Omaha World-Herald.
According to the pro-abortion Guttmacher Institute, to date 11 states have passed bans on dilation and evacuation abortions, though because of courts blocking the measures, the bans in two states, Mississippi and West Virginia, are currently in effect; and an appeals court recently ruled to allow Arkansas' D&E ban to come into effect Aug. 28.
Opponents of the Nebraska bill have maintained that courts will likely deem the legislation unconstitutional under Roe v. Wade.
However, Nebraska Attorney General Doug Peterson recently released an opinion, at the request of State Sen. Ernie Chambers, concluding that LB814 is "likely constitutional" because it "does not appear that it will impose a substantial obstacle on abortion access in Nebraska."
The U.S. Court of Appeals for the Eighth Circuit ruled Aug. 7 to reinstate the 2017 Arkansas laws. They can take effect Aug. 28, although they may still face legal challenges. The laws include a ban on abortions based solely on the sex of the baby, and two regulations on the preservation and disposal of tissue from aborted babies, as well as legislation prohibiting D&E abortions.
A district judge had blocked the rules following a legal challenge from the ACLU and the Center for Reproductive Rights on behalf of a local abortion doctor.
A federal judge during July 2019 blocked Indiana's D&E ban from taking effect.
Jonah McKeown is a staff writer and podcast producer for Catholic News Agency. He holds a Master’s Degree from the University of Missouri School of Journalism and has worked as a writer, as a producer for public radio, and as a videographer. He is based in St. Louis.