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Nebraska Supreme Court rejects two lawsuits challenging abortion-rights petition • Nebraska Examiner

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Nebraska Supreme Court rejects two lawsuits challenging abortion-rights petition • Nebraska Examiner


Editor’s note: This story was updated at 4:15 p.m. to reflect the latest court action.

LINCOLN — The Nebraska Supreme Court on Thursday rejected fast-tracking a pair of lawsuits seeking to remove an abortion-rights constitutional amendment from the fall ballot.

Time is short for either effort, one from a Douglas County woman funded by the socially conservative Thomas More Society and one backed by local abortion opponents.

Nebraska Secretary of State Bob Evnen has until Sept. 13 to finalize the November general election ballot. He announced on Aug. 23 that the measure qualified for the ballot.

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Nebraska Secretary of State Bob Evnen. (Aaron Sanderford/Nebraska Examiner)

The second lawsuit was filed Wednesday, hours after the Nebraska Supreme Court declined to take up the first. Attorneys for the Douglas County woman, Carolyn LaGreca, tried to correct a mistake on the first lawsuit and refiled it. But the court again rejected the case Thursday.

In the second lawsuit, filed Wednesday, Dr. Catherine Brooks, a Lincoln neonatologist, asked the court to remove the Protect the Right to Abortion measure from the ballot.

Criticizes proposal’s language

The proposed abortion-rights amendment would codify a right to abortion in the Nebraska Constitution until “fetal viability,” as determined by a health care provider, with later exceptions for the mother’s health. 

Brooks was the public face of 30-plus medical providers who filed a complaint Monday with Evnen’s office, asking him to administratively reconsider his decision that the measure had legally qualified for the ballot.

In a statement Thursday from her attorney, Brenna Grasz, Brooks criticized the abortion amendment for redefining the viability standard by “extending the meaning into the late stages of pregnancy.” She called the proposal’s language “subjective, confusing and unworkable.” 

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It subjects women and medical professionals to vague, unscientific standards, and dangerously expands the scope of abortion practice,” Brooks said. 

She said the measure expands who decides viability to a person’s “health care practitioner” and called that “unsafe.” Non-physicians should not be making such determinations “outside the scope of their education, training, and experience,” she said.

Her lawsuit largely mirrored what the complaint letter argued, that the measure put forward by Protect Our Rights contains more than one subject, in violation of a state constitutional rule that ballot measures can cover only a single subject.

It argued that the petition seeks to create a new constitutional right to an abortion at the same time it seeks to define fetal viability and create an exception for a woman’s health.

The filing repeated anti-abortion criticism of the initiative that it also seeks to restrict the state’s ability to legislate and regulate abortion. It also redefines legal terms in ways the lawsuit describes as problematic.

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“The Initiative violates this requirement by containing multiple proposals that are dissimilar, unrelated, and separate purposes,” the lawsuit said. “These separate purposes also lack a natural and necessary connection.”

No immediate comment from either side

Protect Our Rights had no immediate comment about the latest lawsuit or the Court’s action. 

Allie Berry, campaign manager for Protect Our Rights, has said abortion opponents were “doing everything in their power to undermine the process and lay the groundwork for their ultimate goal: a total abortion ban.”

Protect Our Rights, abortion-rights campaign, hosts a news conference
Ashlei Spivey of the Protect Our Rights petition effort announces her abortion-rights group collected a record 207,000 signatures. July 3, 2024. (Aaron Sanderford/Nebraska Examiner)

The group has noted that Evnen certified the measure and said petition organizers had “followed the appropriate processes every step of the way.” Supporters said that the measure is legal and that voters deserve a say on reproductive health.

Brooks’ lawsuit asked the Supreme Court to let it skip the step of going through District Court because time is short, similar to the appeal made in a separate lawsuit from a Douglas County woman that the court rejected for technical reasons

That lawsuit was refiled Wednesday by the plaintiff’s attorney, who said he corrected a clerical error. The court reconsidered and still rejected it. Funded by the socially conservative Thomas More Society, this lawsuit argues similarly that the ballot measure seeking to cement abortion rights tries to do too much at once, in violation of the Nebraska Constitution. 

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The court decided not to take either case as a so-called “original action.” Notes on the case files said the two applications were “not supported by affidavit or positively-verified petition.”

If the ballot measure goes forward, Nebraska would be the first state since the U.S. Supreme Court’s 2022 reversal of Roe v. Wade to have competing abortion-related constitutional amendments on the same ballot. 

Abortion opponents are supporting a measure that would constitutionally limit abortion to the first trimester of pregnancy and still let the Legislature pass stricter bans than contained in current law.

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Dana Holgorsen, John Butler talk bowl prep and being “light on your feet”

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Dana Holgorsen, John Butler talk bowl prep and being “light on your feet”


Dana Holgorsen, John Butler talk bowl prep and being “light on your feet”

In today’s college football, coaches must have their head on a swivel.

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That’s true during the season of course, but it’s now a way of life once the transfer portal opens in December and rosters start moving and shaking. And things get even more wild if you’re at a program that’s playing in a bowl game, or even the College Football Playoff.

It’s a balancing act that all staffs are going through right now. Nebraska’s included.

“You’ve got to be light on your feet, man,” Nebraska defensive coordinator John Butler said during a press conference over Zoom on Thursday. “I mean, you’re maybe in the middle of a game-plan meeting and all of a sudden you got to jump out and you’re having a 30-minute meeting with a prospect that’s in on a visit, or you’re jumping on a Zoom doing it. Or you’re watching 15 minutes of tape to make sure that, hey, this guy just jumped in and he wants to visit us. So I think you got to be a fast thinker and mover and a shaker, quite frankly.”

This whole process has taught Butler, who spent the 2024 season as the defensive backs coach under now-departed DC Tony White, that these traits are as important as ever: Being decisive. Being organized. Following a road map to achieve a goal and not deviating from it when there’s chaos all over.

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“You’ve got to have a plan and a vision for what you’re looking for, because everything happens so fast,” Butler said. “You have a guy get in and get out, get in and get signed. And at the same time, you also got to keep an eye on your roster constantly, because there’s people reaching out. There’s people reaching out to your players, whether it’s direct or it’s people reaching out through a third party. And it’s unfortunate in this environment.

“People said, ‘Hey, it’s like NFL free agency.’ No, it’s not. NFL free agency is regulated.”

As Husker fans have come to learn, just because a player says he’s going to enter the transfer portal doesn’t mean he actually will. And sometimes when a player actually enters his name in the portal, there’s always a chance they could withdraw their name and return to their program if each side wants.

Nebraska saw that happen with defensive lineman Keona Davis, who briefly entered the portal before withdrawing and staying at NU for 2025. There was also running back Emmett Johnson — he announced he would enter the portal but never made it there.

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Holgorsen played a key role in convincing Johnson to stay at Nebraska.

“We had some long talks after the season, and I got to know him better as a person,” Holgorsen said of his relationship with Johnson. “I did that with a bunch of them, but him in particular was probably about the first one that came in and was excited about what we did, but there was some buts. So we had some long talks. I think he’s a great kid and he’s going to be a special player here. Excited to coach him.”

On Holgorsen’s side of the ball, he’ll have to adjust his game plan now that he’ll be without a handful of players he was able to use during the regular season.

Running back Dante Dowdell transferred to Kentucky on Friday. A tight end Holgorsen really liked, Nate Boerkircher, transferred to Texas A&M. Receiver Isaiah Neyor has chosen to opt out of the Pinstripe Bowl to focus on his NFL aspirations. Offensive lineman Micah Mazzccua, who began the year as the starting right guard but finished the season rotating with Gunnar Gottula at left tackle, won’t play in the bowl because he’s getting surgery to fix a torn labrum he played through during the season.

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There will be holes to fill on Holgorsen’s offense in the bowl game and beyond in 2025. But Holgorsen brushes all of this chaos off. He’s a go-with-the-flow guy. He doesn’t pretend to have answers to fix college football. What he does have, though, is a plan.

“There’s been a lot of talk out there about something needs to happen. That’s above my pay grade,” Holgorsen said. “So, the few kids who decided to do that (leave), we wish them well, and you just go replace them. It’s as simple as that.”

Part of that replacement process needs to happen for the bowl game with current members of the roster. Behind Emmett Johnson, expect Rahmir Johnson — he’s native of the Bronx and will have several family members and friends at Yankee Stadium — to play often as it’ll be his final game in a Husker uniform.

But with Dowdell and Gabe Ervin Jr. gone from the team, perhaps this Pinstripe Bowl will feature another big back on Nebraska’s roster who’s seldom been used: redshirt freshman Kwinten Ives, a 6-3, 210-pounder.

“You know, 23 (Dowdell) isn’t playing in the bowl game but 28 (Ives) is gonna go in there and he’s gonna play his tail off because he’s had nine spectacular practices,” Holgorsen said. “I think that’s how you got to look at it. You don’t worry about the ones that aren’t playing. You worry about the ones that are playing, and you coach them and you try to develop them, put them in position to hopefully be successful.”

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Purdue Transfer Quarterback Marcos Davila Commits to Nebraska

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Purdue Transfer Quarterback Marcos Davila Commits to Nebraska


KALEB HENRY

Kaleb Henry is an award-winning sports reporter, covering collegiate athletics since 2014 via radio, podcasting, and digital journalism. His experience with Big Ten Conference teams goes back more than a decade, including time covering programs such as the Nebraska Cornhuskers, Oregon Ducks, and USC Trojans. He has contributed to Sports Illustrated since 2021. Kaleb has won multiple awards for his sports coverage from the Nebraska Broadcasters Association and Midwest Broadcast Journalists Association. Prior to working in sports journalism, Kaleb was a Division I athlete on the Southern Illinois University-Edwardsville Track and Field team where he discussed NCAA legislation as SIUE’s representative to the Ohio Valley Conference Student-Athlete Advisory Committee. 



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Rhule talks Dante Dowdell, navigating new landscape of roster management

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Rhule talks Dante Dowdell, navigating new landscape of roster management


Many Nebraska football fans were caught off guard and surprised when they saw Dante Dowdell’s name pop up in the transfer portal.

The big and physical downhill runner played in every regular-season game this season with seven starts. Dowdell rushed for 614 rushing yards and 12 rushing touchdowns in 2024.

With Emmett Johnson and Dowdell, the Huskers looked to have a nice 1-2 punch in the backfield in 2025. Johnson as the shifty all-purpose back with plenty of make-you-miss and receiving ability in him. Dowdell, a young back who’s still developing in certain areas, as the 6-foot-2, 225-pound north-south bruiser who was money in short-yardage and goal-line situations.

But the days of being caught off guard and surprised by anything dealing with college football are over. With the way the sport is operating right now, Matt Rhule wasn’t surprised Dowdell is looking elsewhere.

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According to Nebraska’s head coach, the process of Dowdell’s departure started well before the transfer portal opened.



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