Gov. Pete Ricketts and Speaker Mike Hilgers of Lincoln said they would work together to determine when to call the Legislature back into special session to consider enacting a ban on abortion in the state.
"I am keen to protect pre-born babies, but I'll have to work with the speaker with regard to what he thinks we will be able to accomplish," Ricketts said Friday during an event celebrating the completion of new state offices in the Fallbrook development in Lincoln.
Abortion remains legal in Nebraska up until 20 weeks after fertilization, according to current state law.
Friday's Supreme Court ruling leaves the decision on how to restrict abortion up to individual states. Thirteen states had trigger laws in place that will automatically ban abortion within one month of the ruling.
The governor would not predict when the session would be scheduled but indicated he'd rather call state senators back than wait until the next session begins in January.
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He pointed out that Tuesday's special election to replace Rep. Jeff Fortenberry would change the makeup of the Legislature. State Sens. Patty Pansing Brooks of Lincoln and Mike Flood of Norfolk are seeking to fill the remainder of the 1st District congressman's term.
In the closing days of this year's legislative session, a bill to ban abortion in Nebraska if states were given full regulatory authority by the court was trapped by a filibuster. A cloture motion to free the bill for consideration fell two votes short on a 31-15 count, with Flood voting yes and Pansing Brooks voting no.Â
Ricketts also mentioned that Sen. Tom Brewer had just left for a trip to Ukraine. Brewer, a Republican who supported the bill to ban abortions, had said he would return for a special session.
Sen. Adam Morfeld of Lincoln said a special session is "all-but-guaranteed," and will likely take place later this summer.
Had the trigger bill senators considered this past session passed, it would have made it a felony for anyone to provide any medication or undertake any procedure with the intent of ending the life of an unborn child, starting at fertilization. The woman undergoing an abortion, however, could not be charged.
Lawmakers who opposed the bill have vowed to continue their opposition in the event of a special session. Several of them repeated those promises Friday in the wake of the Supreme Court's ruling.
"We have stopped an abortion ban before, and we will do it again together," Sen. Megan Hunt of Omaha, who led an eight-hour filibuster on the failed trigger bill earlier this year, wrote on Twitter on Friday.
Sen. Joni Albrecht of Thurston, who introduced the trigger bill, said she has been negotiating with some lawmakers on alterations that would address sticking points of opposition in the previous legislation — mainly that the bill would have inadvertently banned in vitro fertilization, or IVF, and hindered doctors attempting to perform life-saving operations.
"We have to be certain that we cover all our bases," Albrecht said.
Albrecht said she isn't sure what the new bill would look like, because it will largely depend on a full analysis of the Supreme Court's ruling.
Two other abortion-restricting bills were proposed during this year's session, but neither made it out of committee. One, introduced by Sen. Suzanne Geist of Lincoln, would have banned chemical abortions after seven weeks. It would not have regulated surgical abortions. The other, introduced by Sen. Julie Slama of Dunbar, would have banned abortions after a fetal heartbeat could be detected. That usually occurs about six weeks after fertilization.
Slama said Friday she would support any abortion-restricting bill in a special session, as long as it is capable of reaching 33 votes to end a filibuster. Albrecht said she does not expect Ricketts to call for a special session if he isn't confident a proposed bill will pass.
"We should not walk away empty-handed," Slama said.
The fate of any bill will ultimately depend on the makeup of the Legislature, which has already changed from the end of last session because of the death of Sen. Rich Pahls of Omaha. Pahls was not present for the vote on the trigger bill because of illness, though Morfeld said Pahls likely would have voted for the bill.
Ricketts appointed Omaha businesswoman Kathleen Kauth as Pahls' replacement earlier this month. At her appointment ceremony, Kauth said she would have voted for the trigger bill had she been serving at the time.
Nebraska Family Alliance policy director Nate Grasz called for legislative action.
"Pre-born babies who can smile, yawn, suck their thumbs and have their own heartbeat can be legally aborted up to 20 weeks in our state," he said.
"We will immediately begin working with our state lawmakers to pursue the strongest protections possible for every unborn child in Nebraska, because every life should be cherished and protected," Grasz said.
Morfeld, a candidate for Lancaster County Attorney, also issued a statement Friday declaring that "I will not criminalize doctors or women for reproductive decisions" if he is elected to that office.
"I will not turn every miscarriage, ectopic pregnancy, IVF procedure and split-second, life-saving decision by a doctor into a criminal investigation.
"These are private decisions that should be left to a woman and her doctor, not politicians and lawyers."
Reaction from Nebraska politicians and stakeholders to the Supreme Court's abortion decision
Gov. Pete Ricketts
The Supreme Court’s decision to overturn Roe is an answer to millions of prayers on behalf of the unborn and a victory for human life.
— Gov. Pete Ricketts (@GovRicketts)
I will be working with our legislative leaders to determine what more we can do to protect our preborn babies.
Sen. Jen Day
We will never stop defending our right to decide if, when, and under what circumstances to have a family. Abortion care is still safe and legal in Nebraska and the Nebraska Legislature must reject medically unnecessary restrictions on abortion.
— Senator Jen Day (@JenDayforNE)
Archdiocese of Omaha
Many in our country will not agree with the reasoning and the decision of the Supreme Court. And some women will still wonder how they can meet the challenge of an unplanned or unwanted pregnancy. This is a moment for each of us to commit to not let any woman face her challenge.
— Archdiocese of Omaha (@ArchOmaha)
ACLU of Nebraska
Abortion remains legal in Nebraska — but with today’s decision overturning Roe, our right to access that care is under threat like never before. Now is the time to act.
— ACLU of Nebraska (@ACLUofNE)
FIND A RALLY NEAR YOU AND STAY TUNED:
Jim Pillen, Republican candidate for governor
From the : A statement from Jim Pillen
— Jim Pillen (@jim_pillen)
Sen. Carol Blood, Democratic candidate for governor
Be clear about what Nebraska’s trigger bill does and how it violates a woman’s bodily autonomy. Nebraska’s trigger bill creates a police state where doctors must live in fear of being arrested and charged as felons for providing needed healthcare to their patients.
— Senator Carol Blood (@senatorblood)
Sen. Adam Morfeld
I will not turn every miscarriage, ectopic pregnancy, IVF procedure, and split-second life-saving decision by a doctor into a criminal investigation. These are private decisions that should be left to a woman and her doctor not politicians and lawyers.
— State Senator Adam Morfeld (@Adam_Morfeld)
Sen. Julie Slama
50 years. 64 million lives lost.
— Senator Julie Slama (@SenatorSlama)
One of the darkest chapters in our history ends today.
Roe v. Wade has been overturned by the Supreme Court.
It's a beautiful day for life! 💗
Nebraska Democratic Party
Nebraska Democrats are assailing the wrong-headed U.S. Supreme Court decision today to overturn .: “The majority of Nebraskans believe abortion must remain legal and that women must have the right to make their own health decisions."
— Nebraska Democratic Party (@NebraskaDems)
Nebraska Family Alliance
The moment we have been praying for and working towards for nearly 50 years is finally here: Roe v. Wade has been fully overturned in a 6-3 vote! Your decades of faithful prayers, support, and advocacy have brought us to this historic moment.
— NE Family Alliance (@nebfamily)
Sen. Megan Hunt
We have already defeated an abortion ban in Nebraska, and WE WILL DO IT AGAIN. We will defeat any other attempt to ban abortion in this state because the majority of Nebraskans understand that banning abortion is as extreme as it is unnecessary.
— Senator Megan Hunt (@NebraskaMegan)
Mike Flood, Republican candidate for U.S. House
This is a great day for all those committed to the protection of unborn life.
— Mike Flood (@Flood4Nebraska)
Read my statement on the Supreme Court's Dobbs decision here:
Sen. Patty Pansing Brooks, Democratic candidate for U.S. House
Statement from Patty Pansing Brooks on the overturning of Roe v. Wade:
— 🌈 Patty Pansing Brooks (Vote June 28th, NE-01) (@Patty4Nebraska)
Sen. Deb Fischer
— Senator Deb Fischer (@SenatorFischer)
Planned Parenthood for North Central States
Now is the time for every person who supports abortion rights to stand up and act.
— Planned Parenthood (@ppnorthcentral)
Sen. Ben Sasse
Sen. Tony Vargas
Politicians don't belong in doctor's offices making medical decisions. Women should make the decisions that are the best for them with their doctors. Today's ruling by the Supreme Court takes away an established right that protected Americans’ health & safety for nearly 50 years.
— Senator Tony Vargas (@TonyVargas)
Rep. Don Bacon
James Michael Bowers
Abortion is still legal in Nebraska.
— James Michael Bowers (@Bowers4Nebraska)
Republicans in our state are ready to ban abortion - even in the case of rape or incest.
I stand with everyone ready to fight.
Rally tonight 5 PM
Lincoln - City/County building 555 S 10th St.
Omaha - Memorial Park, 6005 Underwood Ave.
Lancaster County Republican Party
Reporters for the Omaha World-Herald contributed to this story.