In Planned Parenthood of the Heartland, Inc. v. Hilgers, (NE Sup. Ct., July 29, 2024), the Nebraska Supreme Court in a 6-1 decision held that a 2023 Nebraska statute, L.B. 574, which both restricts abortions and restricts gender-altering care for minors does not violate the state Constitution's single subject requirement for legislation. Chief Justice Heavican's majority opinion said in part:
... [W]e reject Planned Parenthood’s contention that L.B. 574 is unconstitutional because its regulation of abortion does not further its regulation of gender-altering care and vice versa. Here, even though abortion and gender-altering care are distinct types of medical care, and even though L.B. 574 effectuates its purpose or object differently for each type, when broadly construing L.B. 574, all its provisions certainly are encompassed within the regulation of permissible medical care. We emphasize that, in our determination that the provisions of L.B. 574 each seek to regulate medical care, we make no comment on the substance of L.B. 574. Our focus is on whether L.B. 574 complies with article III, § 14.
Justice Papik, joined by Justice Stacy filed a concurring opinion. Justice Miller-Lerman filed a dissenting opinion.
Liberty Counsel issued a press release announcing the decision.
