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Nebraska Sued Over Law Restricting Abortion and Gender-Affirming Care

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Nebraska Sued Over Law Restricting Abortion and Gender-Affirming Care


A Planned Parenthood affiliate and a Nebraska doctor have sued the state over its recently enacted law banning most abortions after 12 weeks as well as banning some gender-affirming procedures for transgender youth.

Legislative Bill 574 was signed into law by Republican Gov. Jim Pillen last week. The abortion ban went into effect immediately, and the restrictions on gender-affirming care will be in force October 1. The legislation bans gender-affirming surgery for people under 19 for the purpose of gender transition — genital surgery being rare for young people anyway — and gives the state’s chief medical officer, appointed by the governor, the power to regulate use of puberty blockers and hormones.

The measure violates the Nebraska constitution because it deals with two different subjects, according to the lawsuit, filed by Planned Parenthood of the Heartland and Sarah Traxler, MD, chief medical officer for Planned Parenthood North Central States. They are represented by the American Civil Liberties Union and its Nebraska affiliate.

The constitution states, “No bill shall contain more than one subject, and the subject shall be clearly expressed in the title.” But in the case of LB 574, the abortion ban was added as an amendment to the gender-affirming care restrictions when separate abortion legislation failed to pass.

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“The single-subject rule prevents logrolling, namely, the passage of legislation that, if standing alone, could not muster the necessary votes for enactment,” the suit says. It continues, “The single-subject rule also promotes transparency in the legislative process and accountability by lawmakers. When a bill contains one subject, no senator can credibly claim that a vote for (or against) that bill was meant to support (or oppose) only part of it. When a bill contains more than one subject, it is impossible to know whether the lawmaker’s vote signaled support for (or opposition to) the entire bill, or just some of it.”

The suit was filed Tuesday in Lancaster County District Court, a state-level trial court in the county that includes Lincoln, the state capital. Pillen is named as a defendant, along with Dannette Smith, chief executive officer of the Nebraska Department of Health and Human Services; Charity Menefee, director of the DHHS’s Division of Public Health; and Timothy Tesmer, the chief medical officer. It seeks both to have the law struck down and to have it blocked from enforcement while the suit is pending.

In the suit and in a press conference Tuesday, representatives of Planned Parenthood, the ACLU, and Nebraska Abortion Resources called the law egregious overreach by politicians. They said Nebraskans are already having difficulty with access to abortion, given that there is a national shortage in rural areas of doctors who provide this care. Patients often have to wait several weeks for an appointment, and Nebraskans are now often traveling to neighboring states such as Iowa, Minnesota, and Illinois for the procedure. But many can’t afford the travel cost, time off work, or child care they would need while away from home.

“I’m appalled that this is where we are today,” Traxler said in the press conference.

On gender-affirming care, legislators and activists who opposed LB 574 had said any regulations Tesmer issues on hormones and puberty blockers will likely be as restrictive as the outright ban originally proposed in the bill but ultimately dropped. ACLU of Nebraska attorney Jane Seu said Tuesday that’s not possible to know for sure until the regulations come out. But Tesmer was appointed by Pillen and has said he opposes all gender-affirming procedures for minors.

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LB 574 passed when supporters in Nebraska’s one-chamber, officially nonpartisan legislature put together enough votes to overcome a filibuster. Sen. Machaela Cavanaugh had filibustered every pending bill in an effort to block the gender-affirming care ban, and she was eventually joined by others, including Sen. Megan Hunt, a bisexual woman with a transgender son, and Sen. John Fredrickson, a gay man.

Pillen, contacted by local media, declined comment on the suit. The Nebraska Republican Party contended that the ACLU had not brought action against other legislation that violated the single-subject rule.

Pictured: Planned Parenthood marches in the Heartland Pride Parade in Omaha.



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Nebraska

Dan Osborn might not face Democratic Senate write-in candidate • Nebraska Examiner

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Dan Osborn might not face Democratic Senate write-in candidate • Nebraska Examiner


OMAHA — Two weeks after spurning a likely endorsement from the Nebraska Democratic Party, nonpartisan Senate candidate Dan Osborn has not yet drawn a party-backed write-in candidate against Republican U.S. Sen. Deb Fischer.

And he could avoid one altogether.

U.S. Sen. Deb Fischer, R-Neb., talks with reporters after an event on Monday, June 19, 2023, in Lincoln. (Zach Wendling/Nebraska Examiner)

Leaders in Nebraska’s second-largest political party recently met and discussed whether to embrace state party Chair Jane Kleeb’s May 15 push for a party-approved write-in candidate. 

Discussions continue, attendees told the Examiner.

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Kleeb said the party still could recruit a write-in candidate. She said Democrats still want Osborn to agree to endorse President Joe Biden and caucus with the Democrats if elected. 

“That is not asking too much,” she said.

Hasn’t decided in presidential contest

Douglas County Democratic Party Chair CJ King echoed Kleeb in saying he would prefer that Osborn side with Democrats, regardless of whether he wants a formal endorsement from the party.

“I hope he wins and caucuses with the Democrats,” King said. “I’d love to see him endorse President Biden.”

Osborn, a former Omaha-area labor leader at Kellogg’s, has said that he doesn’t know which party he will caucus with and that he hasn’t decided on who he will back in the presidential race. He has said he doesn’t want to alienate Republican supporters, including some who support former President Donald Trump.

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“I’m a true independent who will never be beholden to any political party or politician, and that’s why I’ve been clear that I’m not taking their endorsements,” Osborn said. “I’m focused on defeating do-nothing Deb Fischer.”

Osborn may have to take sides

Kleeb and Senate observers have said Osborn will have to take sides in order to join Senate committees, where much of the day-to-day work in Congress gets done. Osborn said earlier this month he might have more influence in a tightly divided Senate by being open.

Nebraska Democratic Party Chair Jane Kleeb addresses more than 50 delegates to the State Central Committee. (Aaron Sanderford/Nebraska Examiner)

After the primary, Osborn announced he would not seek or accept endorsements from political parties — after spending months courting the state Democrats and persuading them to try keeping other candidates out of the Fischer race.

Osborn supporters also helped Kerry Eddy win the Legal Marijuana NOW Party’s Senate primary, even as Eddy posted plans to drop out and shift her supporters toward Osborn. And Osborn briefly sought the backing of other third parties, including the Libertarian Party.

Fischer’s campaign declined to comment for this story. Before the May primary, Fischer, a former teacher, state senator and school board member in Valentine, Neb., described Osborn as “a Democrat in sheep’s clothing.”

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Kenyan delegation visits Central Nebraska and tours facilities

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Kenyan delegation visits Central Nebraska and tours facilities


GRAND ISLAND, Neb. (KSNB) – A Kenyan Delegation visited Central Nebraska on Friday and toured facilities they could potentially send employees to.

The truck driver shortage is no secret.

“There are tens of thousands of truck driving jobs that are open at any given time,” said Nebraska Secretary of State Bob Evnen.

But, global workforce developments in collaboration with Kenya hope to combat that issue.

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Grand Island Express is one of the facilities the delegation toured, and they currently have over 20 employees with green-card sponsorships and 60 more in the process of obtaining one.

Evnen addressed concerns Nebraskans may have about the global workforce development, “In this industry, the immigrants aren’t taking people’s jobs, they’re filling jobs that are going unfilled.”

Once the ball gets rolling, Evnen said they expect to have around 500 Kenyans join the workforce.

Kenya Principal Secretary, State Department for Diaspora Affairs, Ministry of Foreign and Diaspora Affairs, Roseline Njogu, has led the delegation and said in her time here, she’s seen similarities in Nebraska and Kenya.

“When people bring 100% or 120% of who they are into these places that just comes through in the workplace,” said Njogu. “So I saw that here and I thought that’s something I’ve also seen at home and I think these values even across all these miles are shared and make for a good, a good pairing.”

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Ex-Nebraska Scouts leader accused of child sex crimes enters plea

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Ex-Nebraska Scouts leader accused of child sex crimes enters plea


OMAHA, Neb. (WOWT) – A former Nebraska Boy Scouts leader accused of child sex crimes entered a plea in federal court Thursday.

John Shores, Jr., 54, pleaded guilty to one count of attempted sexual exploitation of a minor. He faces 15-20 years in prison as part of the plea agreement, which included the dismissal of several similar charges. Acting U.S. Attorney Susan Lehr reminds the public there is no parole in the federal system.

In August 2023, Shores used the social messaging platform Whisper to communicate with an undercover officer posing as a 13-year-old female.

Shores asked the officer to exchange naked pictures and eventually arranged to meet with the user, fully under the belief that he’d be encountering a teenage girl. When Shores arrived at the location where they arranged the meeting, officers seized four phones from his vehicle.

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The devices underwent forensic examination, which revealed that in July 2020, Shores had conversed with an actual 13-year-old girl living in southeastern Nebraska, who investigators were able to identify.

Shores had previously been associated with the Boy Scouts, but officials with the organization confirmed shortly after the initial allegations last August that he was no longer involved.

Shores is scheduled to be sentenced Aug. 23.



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