Planned Parenthood of the Heartland v. Hilgers
Case Summary
LWV Nebraska filed an amicus brief in the Nebraska Supreme Court supporting plaintiffs who asserted LB 574, a bill that combined restrictions on gender-affirming care with a 12-week abortion ban, was unconstitutionally enacted in violation of the state constitution’s single-subject rule for bills.
Article III Section 14 of Nebraska’s constitution contains a single-subject rule: “No bill shall contain more than one subject, and the subject shall be clearly expressed in the title.”
On May 19, 2023, the Nebraska legislature passed LB 574, a bill that banned abortion after 12 weeks of pregnancy, with exceptions for rape, incest, and medical emergencies. The bill also included restrictions on several methods of gender-affirming care for minors, including puberty blockers, hormones, and certain surgeries. Governor Jim Pillen signed the bill on May 22, 2023.
LB 574 is a result of combining two separate bills into one. Originally, the 12-week abortion ban was proposed as a six-week abortion ban in LB 626. LB 574, in its first version, contained only the restrictions on gender-affirming care for minors. LB 626 did not receive enough votes to advance past the second stage of debate, while LB 574 advanced. On May 16, 2023, LB 574 was amended, adding provisions of LB 626 to the original bill. This version of the bill eventually passed and was signed into law by the Governor.
On May 30, 2023, Planned Parenthood of the Heartland and Dr. Sarah Traxler filed a lawsuit in the District Court of Lancaster County, Nebraska. The complaint asserted that amending LB 574’s original version to add the provisions of LB 626 to the final bill violated the single-subject rule in Article III, Section 14 of the Nebraska constitution.
On Aug. 11, 2023, the district court dismissed the lawsuit, ruling that LB 574 did not violate the single-subject rule because all parts were relevant to the general object of health care. The plaintiffs subsequently appealed to the Nebraska Supreme Court.
On Dec. 4, 2023, the League of Women Voters of Nebraska (LWV Nebraska) filed an amicus brief in the Nebraska Supreme Court supporting the plaintiffs. The brief stated the single-subject rule was a vital tool for transparency and for preventing undemocratic tactics like logrolling, in which separate — often unrelated — proposals that cannot individually earn majority support are cobbled together to ensure passage. The League argued that LB 574, as passed, was unconstitutional under the state constitution’s single-subject rule and suggested that invalidating it would protect the legislative process by curbing the legislature from using logrolling to pass laws.
The League was represented in this matter by Foley Hoag LLP and Bartle & Geier.
LWV Timeline
LB 574 is signed into law
Governor Jim Pillen signs LB 574 into law. The bill bans abortion at 12 weeks of pregnancy, with exceptions for rape, incest, and medical emergencies. The bill also restricts several methods of gender-affirming care for minors, including puberty blockers, hormones, and certain surgeries.
Planned Parenthood files lawsuit
Planned Parenthood of the Heartland and Dr. Sarah Traxler file a lawsuit in the Lancaster County District Court, arguing LB 574 violates the Nebraska constitution’s single-subject rule.
State trial court dismisses case
The district court dismisses the case, stating LB 574 did not violate the single-subject rule, as all its provisions related to the general subject of health care.
Plaintiffs appeal
The plaintiffs appeal to the Nebraska Supreme Court.
Plaintiffs file opening brief
Plaintiffs file opening brief in the Nebraska Supreme Court asking it to overturn the district court’s decision and grant their previous motion for summary judgment.
LWV Nebraska files amicus brief
LWV Nebraska files an amicus brief in the Nebraska Supreme Court supporting plaintiffs. The brief argues that LB 574 violates the state constitution’s single-subject rule and emphasizes the interests of transparency and democratic accountability served.
Nebraska supreme court upholds LB 574
The Nebraska Supreme Court rules that LB 574's combination of restrictions on gender affirming care and abortion do not violate the state constitution's single subject rule, as both provisions regulate medical care.