Neb. Agrees to Permanent Injunction Blocking Abortion Screening Law

August 19, 2010 — On Wednesday, Nebraska Attorney General Jon Bruning (R) announced that he agreed to a permanent federal injunction blocking enforcement of a law (LB 594) requiring extensive mental and physical health screenings for women seeking abortions, the AP/Atlanta Journal-Constitution reports. Bruning cited an earlier ruling temporarily blocking enforcement and said it is unlikely the law ultimately would be ruled constitutional.

Jill June -- president and CEO of Planned Parenthood of the Heartland, which filed a lawsuit against the measure -- said that documents have been filed to make the injunction permanent. A federal judge must sign the agreement, and it is unknown when that will take place, the AP/Journal-Constitution reports.

The law -- which was scheduled to take effect July 15 -- was challenged in July by Planned Parenthood of the Heartland, which argued that it would be difficult to comply with and would require abortion providers to give women irrelevant information (Ross, AP/Atlanta Journal-Constitution, 8/18). The law would require doctors to screen women seeking abortions for possible risk factors for mental or physical problems after the procedure. Women who developed problems could file a civil lawsuit against the provider if the screening was not performed or inadequately performed. Doctors would not face criminal charges or lose their medical licenses for violating the law (AP/Boston Globe, 8/19).

U.S. District Court Judge Laurie Smith Camp granted an injunction in July that temporarily blocked the law from taking effect, stating in her ruling that the law would make it more difficult to obtain an abortion. She added that the screening could be impossible to perform under the literal interpretation of the law and that abortion providers would be exposed to debilitating lawsuits (AP/Atlanta Journal-Constitution, 8/18).

Bruning spokesperson Shannon Kingery said, "It is evident from the judge's earlier ruling that LB 594 will ultimately be found unconstitutional." She said, "Losing this case would require Nebraska taxpayers to foot the bill for Planned Parenthood's legal fee," adding, "We will not squander the state's resources on a case that has very little probability of winning" (AP/Boston Globe, 8/19).

Planned Parenthood of the Heartland praised the decision. June said, "We have maintained from day one ... that this law was unconstitutional, and we are coming close to [the] end of this legal battle." She said she expects the state to put its resources toward defending another antiabortion law (LB 1103) banning the procedure after 20 weeks' gestation (AP/Atlanta Journal-Constitution, 8/18).

State Sen. Cap Dierks (R), a leading antiabortion-rights senator and the screening bill's sponsor, said that he would try again next year. "If we can make the bill take care of the unconstitutionally vague language that they talk about, I'm glad to try that," he said (Hammel, Omaha World-Herald, 8/19).

Future of Fetal Pain Law Uncertain

Although the abortion screening law was permanently blocked on Wednesday, the future of the abortion ban law remains "murky," the AP/Journal-Constitution reports. The law would ban the procedure after 20 weeks based on supporters' claims that fetuses can experience pain at that stage. The first-of-its-kind law is scheduled to take effect Oct. 15.

According to the AP/Journal-Constitution, some legal experts say abortion-rights groups might opt not to challenge the law because of fears that losing could change the legal standards for abortion restrictions, "throwing out viability ... in favor of the point when a fetus could feel pain."

The New York-based Center for Reproductive Rights said in an April letter to Gov. Dave Heineman (R) that the law "is clearly unconstitutional and is the most extreme abortion law passed in this country in recent memory." On Wednesday, CRR spokesperson Dionne Scott said no decision has been made about a legal challenge.

Julie Schmit-Albin, executive director of the antiabortion-rights group Nebraska Right to Life, said that if the law is challenged in court, "we are confident that the attorney general will vigorously defend any attack on that law" (AP/Atlanta Journal-Constitution, 8/18).